We Cannot Wait for Another Victim; Nor Can We Allow the Roads of Kerala to Become Killing Fields - Kerala HC to NHAI

Case: CP Ajithkumar & Anr. v State of Kerala & Ors

The Kerala High Court came down strongly on the National Highway Authority of India (NHAI) for its failure to maintain its roads leading to the death of an individual who fell into a pothole. Justice Devan Ramachandran said that we cannot wait for another victim; nor can we allow the roads of Kerala to become killing fields - whether they are under the NHAI, PWD, or Local Self Government Institutions.

While hearing one of its longest-pending writ petitions, first filed in 2008, the Court made these observations regarding the maintenance of the roads constructed by the concerned authorities.

In a previous judgement, the Court fixed the primary responsibility on the concerned engineers of the respective departments/ government institutions to ensure that work is done properly and future repair works are done without delay. Though the case was not listed this week for hearing, the Court took it up after amicus curiae advocate Vinod Bhat informed Justice Ramachandran about the death of the individual who died on the NH roads due to a pothole.

HELD

The Court noted that despite the orders of the Court, the roads eventually fall into ruin after initial and temporary restoration.

In order to prevent any further tragic incidents, the Court directed the District Collectors, in their capacity as the heads of the District Disaster Management Authorities, to issue orders regarding any road with potholes and take necessary action against the jurisdictional Engineer, contractors, or anyone else responsible.