MUMBAI: The Bombay high court dominated on Thursday that electorate have a basic right to experience just right roads and footpaths. A department bench of Justice Abhay Oka and Justice Riyaz Chagla cited the federal government’s plans for smart cities and stated this could be possible only if just right streets are made to be had.
“We are conscious about the federal government’s endeavour to make each town smart. However, no town can develop into a smart town unless it has roads and footpaths in a slightly just right situation,” noticed the bench. HC emphasised that it used to be the state and civic our bodies’ responsibility to supply those to electorate. “It is the basic right of a citizen to have roads and footpaths in a slightly just right situation and correspondingly it's the obligation of local authorities to supply it to them. All steps should be taken to see that the electorate don't seem to be deprived in their rights,” stated the judges.
HC stated it used to be also the authorities’ responsibility to ensure that grievances of violation of this right have been redressed promptly inside of a specified period of time and communicated to electorate. It directed the Maharashtra executive to set up a centralized grievance redressal mechanism and frame a policy to ensure just right quality roads are constructed.
HC reminded the authorities that if electorate endure harms because of failure of authorities to care for roads in a just right situation, then they are able to take action for claiming reimbursement. The judges referred to the September 2017 death of Dr Deepak Amrapurkar after he fell into an open manhole. “Necessary precaution should be taken to ensure that such an unfortunate incident of electorate falling into an open manhole should now not be repeated. The municipal company shall take all possible steps to see to it that no open manhole is left unattended. If it is left open, then important warning signs can be placed close to it,” stated the judges. “If a citizen suffers because of the failure of the state equipment to care for roads, except for legal responsibility below the regular regulation of torts, the person can take recourse to public regulation remedy. They can begin action below public regulation to seek reimbursement from the authorities,” stated the judges.
HC used to be listening to a suo motu PIL according to a July 2013 letter through Justice Gautam Patel. Over the previous 5 years, various intervening time orders have been handed to get authorities to set up mechanisms to take care of court cases.
“We are conscious about the federal government’s endeavour to make each town smart. However, no town can develop into a smart town unless it has roads and footpaths in a slightly just right situation,” noticed the bench. HC emphasised that it used to be the state and civic our bodies’ responsibility to supply those to electorate. “It is the basic right of a citizen to have roads and footpaths in a slightly just right situation and correspondingly it's the obligation of local authorities to supply it to them. All steps should be taken to see that the electorate don't seem to be deprived in their rights,” stated the judges.
HC stated it used to be also the authorities’ responsibility to ensure that grievances of violation of this right have been redressed promptly inside of a specified period of time and communicated to electorate. It directed the Maharashtra executive to set up a centralized grievance redressal mechanism and frame a policy to ensure just right quality roads are constructed.
HC reminded the authorities that if electorate endure harms because of failure of authorities to care for roads in a just right situation, then they are able to take action for claiming reimbursement. The judges referred to the September 2017 death of Dr Deepak Amrapurkar after he fell into an open manhole. “Necessary precaution should be taken to ensure that such an unfortunate incident of electorate falling into an open manhole should now not be repeated. The municipal company shall take all possible steps to see to it that no open manhole is left unattended. If it is left open, then important warning signs can be placed close to it,” stated the judges. “If a citizen suffers because of the failure of the state equipment to care for roads, except for legal responsibility below the regular regulation of torts, the person can take recourse to public regulation remedy. They can begin action below public regulation to seek reimbursement from the authorities,” stated the judges.
HC used to be listening to a suo motu PIL according to a July 2013 letter through Justice Gautam Patel. Over the previous 5 years, various intervening time orders have been handed to get authorities to set up mechanisms to take care of court cases.
Good roads, footpaths a fundamental right: Bombay HC
![Good roads, footpaths a fundamental right: Bombay HC]()
Reviewed by Kailash
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April 13, 2018
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