Karnataka High Court
Ramesh Naik L vs State Of Karnataka on 11 March, 2024
Bench: Chief Justice, Krishna S Dixit
-1-
NC: 2024:KHC:15259-DB
WP No. 20237 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 20237 OF 2021 (GM-RES-PIL)
BETWEEN:
1. RAMESH NAIK L.
S/O LATE LAKSHMAN NAIK R.
AGED ABOUT 39 YEARS
KADARANAHALLI THANDYA
URDIGERE HOBLI
TUMKUR TALUK AND DISTRICT-572 140
ADVOCATE BY PROFESSION
AADHAR: 755392714477
MOBILE: 9538631572
E-MAIL: [email protected]
...PETITIONER
(BY SRI RAMESH NAIK L, PETITIONER-IN-PERSON)
Digitally signed by
VASANTHAKUMARY
BK AND:
Location: High Court
of Karnataka
1. STATE OF KARNATAKA
THROUGH ITS PRINCIPAL SECRETARY TO
GOVERNMENT OF KARNATAKA (M & UDA)
URBAN DEVELOPMENT DEPARTMENT
ROOM NO.434, VIKASA SOUDHA
BANGALORE - 560 001.
2. TUMKUR CITY CORPORATION
REPRESENTED BY ITS COMMISSIONER
TOWNHALL, BHAGWAN MAHAVEERA ROAD
-2-
NC: 2024:KHC:15259-DB
WP No. 20237 of 2021
NEAR RAILWAY STATION ROAD
GANDHINAGAR
TUMKURU - 572 102.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT
ADVOCATE FOR R-1;
MS. SAKSHI M. KRISHNA, ADVCOTE FOR SRI R.
SUBRAMANAYA, ADVCOATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE
WRIT / DIRECTION / ORDER TO THE RESPONDENTS TO TAKE
NECESSARY AND APPROPRIATE ACTION IMMEDIATELY TO
FILL THE POT - HOLES EXISTING ON ALL THE ROADS OF
TUMKUR CITY, i.e. WITHIN THE TERRITORIAL JURISDICTION
OF THE RESPONDENT NO. 2 AND THEREBY FACILITATE
SMOOTH FLOW OF VEHICULAR TRAFFIC AND SAVE THE
LIVES OF THE PUBLIC & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
This writ petition under Article 226 of the Constitution is an invocation of the public interest jurisdiction of this Court, by the petitioner-Ramesh Naik L, who appeared as party-in-person.
2. What is prayed in the petition is to direct the respondent- authorities to take appropriate action to fill the pot-holes existing on -3- NC: 2024:KHC:15259-DB WP No. 20237 of 2021 the roads of Tumakuru city within the jurisdiction of Tumakuru City Corporation-respondent No.2 herein, and thereby to facilitate smooth flow of vehicular traffic and save the lives of the public.
3. An advocate by profession, projecting himself to be a public spirited person, social activist and ex-software engineer, the petitioner stated in the petition that Tumakuru city is a District Headquarter 65 kms away from Bengaluru and is notified as one of the hundred smart cities under the Government of India's prestigious Smart City Project. The petitioner stated that he had earlier filed public interest petition in Writ Petition No.50640 of 2019 for constitution of Ward Committees in all the 35 wards of Tumakuru city and the same was allowed. The petitioner, thereby wanted to show his bona fides as public interest litigant. 3.1 It was the case that there are numerous deadly pot-holes on the main roads and adjacent sub-roads in Tumakuru city because of which, the commuters especially the two-wheelers had to travel by holding their breath and that they pose risk to life itself. It was stated that respondent No.2-Corporation was duty-bound in law to maintain roads and provide good condition of the roads for smooth and safe movement of the traffic. However, it turned blind eyes -4- NC: 2024:KHC:15259-DB WP No. 20237 of 2021 towards this obligation despite multiple requisitions of different sections of citizens of the city.
3.2 In paragraph 7 of the petition, the petitioner stated thus, "...except main highway road of B.H. Road most of the other main roads and adjacent sub-roads of S.S. Puram Mandipete, Old market, Kunigal road, Sira road, Kothi-
Thopu, Barline road, Horapete, Banashankari, Sadashivanagar, Melekote, Railway station road, SIT extension, Batawadi, Hanumanthapura, Baddihalli- Gokula extension, Kyathsandra are fiiled with deadly pot-holes which are posing danger to the life of the commuters. It is not one or two roads of Tumkur city which has pot-holes, but almost all roads."
3.3 The photographs were annexed depicting the said roads. It was further mentioned that number of projects were undertaken in the Tumakuru city for the past five years and under the pretext of execution of the projects, the roads were dug, but left unfilled after completion of the projects which, submitted the petitioner, showed that the authorities and the contractor were negligent, leaving the Tumakuru city completely filled with dust and dangerous pot-holes on the roads.
-5-
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 3.4 It was further stated that newspapers carried articles about the pathetic condition of the city roads. It was stated that the petitioner, acting in public interest, made written representation dated 08.09.2021 requesting to fill up the deadly pot-holes, but the Corporation did not respond. Another representation dated 06.10.2021 was also filed but of no vain, stated the petitioner, forcing him to file the instant public interest petition. 3.5 In support of the case that respondent No.2-Corporation is enjoined to discharge its statutory duty to maintain the roads of the city, Section 58(19) of the Karnataka Municipal Corporation Act, 1976 (for short 'the said Act') was relied on. The Section casts a mandatory duty on the City Corporation for the construction, maintenance, alteration and improvement of public streets etc. Also pressed into service Section 266 of the said Act which requires the Corporation to cause the public streets to be maintained and repaired and to make all improvements which are necessary and expedient for public safety or convenience. It was also pleaded that since the pot-holes endanger the safe movement and human life, it tends to violate Article 21 of the Constitution. -6-
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 3.6 This Court, by the order dated 11.03.2022, granted time to respondent No.2-Corporation to file a status report, which was filed by the Corporation along with the memo dated 06.04.2022 accompanied by several photographs depicting the dug out portion done in the process of filling up the pot-holes. The details were given in that report about the actions taken by the Tumakuru City Corporation for filling up the pot-holes with reference to each of the roads developed by the Tumakuru Smart City Limited. 3.7 The Court noticed the said detailed status report spread over 150 pages and containing photographs of different localities, areas of the roads and the corresponding actions taken by the Corporation including the work orders given to fill up the pot-holes on the roads.
4. In the order dated 30.10.2023, the Court took note of the contents of the said report, "The section on actions taken by the Tumkuru City Corporation to fill potholes mentions the allocation of funds.
According to the Report, a sum of Rs.20 Lakh was allocated in the 14th Finance Grant for the year 2021-22, which was used to fill potholes in Kunigal Main Road, DC Office Road, and Amanikere Road.
Additionally, it states that an allocation of -7- NC: 2024:KHC:15259-DB WP No. 20237 of 2021 about a sum of Rs.50 lakh has been made in the Corporation Grant for ongoing work, including the filing of potholes in Dibbur Main Road, Shettihalli Main Road, Jayanagara Main Road, Gokula Entension Main Road, SIT Main Road, Upparahalli Main Road and IDSMT 80 Feet Road.
Furthermore, the Report mentions that in the General Body Meeting of the Council held on 22.02.2022, approval was granted for potholes filling work in the city, amounting to Rs.48.83 lakh from the 14th Finance Grant."
4.1 The Court further observed in the next paragraph that a Grievance Redressal Mechanism for pot-hole related issues was established which deals with the complaints of the residents of the city. It observed, "It also highlights the establishment of a Grievance Redressal mechanism for potholes-related issues. The report emphasizes the existence of a Grievance Cell that promptly attends to complaints from the residents of Tumakuru City, providing contact numbers for immediate redressal. The contact information, 0816- 2272200 for phone calls and 9449872599 for WhatsApp, has been publicized through LED display screens at the main junctions of the city. A photograph on page 146 shows that display of a Digital Board with the contact nformation for photograph of a counter where a person is attending phone calls, displaying a toll- free number, 18004255888, and the Grievance Cell phone numbers.
-8-
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 4.1.1 The Court noted that tabular statement was given showing the details of the sub-roads including ward numbers, length of the roads, marks of development etc. It was noted that efforts were initiated by the Corporation. The Court found, however, that a further report was required to be solicited by the District Legal Services Authority. The Secretary of the District Legal Services Authority was requested by the Court to review the reports submitted to the Court by the Corporation, conduct on-site inspections and furnish independent opinion to the Court within four weeks.
4.2 Pursuant to the said order, further order was passed on 09.01.2024 noticing the developments. The said order is reported hereunder, "Pursuant to our order dated 30.10.2023, the Secretary, District Legal Services Authority (DLSA), Tumakuru, has submitted a Report dated 06.12.2023 along with a Tabular Statement and also compilation of photographs at Annexures-1 and 2 respectively. It is stated in the Report that the DLSA conducted site inspections with the assistance of officials of Tumakuru City Corporation on 28.11.2023, 04.12.2023, the Tabular 05.12.2023 and 06.12.2023. A perusal of Statement shows that out of 38 spots, -9- NC: 2024:KHC:15259-DB WP No. 20237 of 2021 potholes were observed in as many as 37 spots. Detailed description of the potholes is made in the Tabular statement and it may not be necessary for us to reproduce the same. The learned counsel representing respondent No.2 - Tumakuru City Corporation has also filed a Report under the caption "Report on the action taken by the Tumakuru City Corporation for filling the potholes". The Report is signed by the Commissioner & Superintendent Engineer, Tumakuru City Corporation. The learned counsel submits that as the officials of the Corporation had participated in the site inspection with the DLSA, they were aware of the potholes referred to in the Tabular Statement of the DLSA and immediate steps were taken by the Corporation to fill the same. He further submits that necessary allocation of funds was also immediately made so as to undertake the said work on war footing. The learned counsel for the Corporation shall handover a copy of the said Report to the Secretary, DLSA, Tumakuru, by Thursday (11.01.2024). On receipt of the same, DLSA shall conduct a fresh spot inspection and submit its report to this Court within two weeks. The learned counsel for respondent No.2 is also permitted to peruse the report submitted by DLSA"
4.3 Thus, the District Legal Services Authority was required to conduct further inspection on the spot and submit additional report.
5. The records speaks out that pursuant to the aforesaid observations and directions in the order dated 09.01.2024, detailed
- 10 -
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 report was given in two parts by the Member Secretary, District Legal Services Authority, Tumakuru.
5.1 The second part of the report exclusively contained the photographs which demonstrated that the work to fill up the pot- holes was undertaken, was in progression in some places and at most of the places, the pot-holes were duly repaired and filled in. 5.1.1 The first part of the report contained in its page Nos.1 to 38, the details of all the pot-holes, road trenches and manholes which were found in the previous inspection, but subsequently found to have been filled in and raised up to the road level by doing appropriate treatment. The report also demonstrated with photograph at Sl.No.21, the Isra Shadhi Mahal Main Road, which is of the length of 1.5 kms starting from Hemavathi Office Kunigal Road to Dhana Palace Ring Road which was under construction and Sl.No.37 contained the Malaluru Gangasandra Road. In that respect it was stated in the report that at the time of inspection by the District Legal Services Authority, the repair work was not completed in view of the length of the road as per the explanation afforded by the Tumakuru City Corporation, as noted in the report.
- 11 -
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 5.1.2 In the report which was submitted by the Tumakuru City Corporation along with memo dated 06.04.2022, the details of all the roads complained of by the petitioner was given and the status of the repair work was indicated. As observed hereinabove, this Court took note of the same. The Court even further required the District Legal Services Authority to inspect and furnish one more report which was done by the authority. It is to be further noted that one more report was filed by the Commissioner, Tumakuru City Corporation on 09.01.2024 before the Court stating inter alia that in the year 2022-23, Rs.30 lakhs and Rs.50 lakhs were allocated for filling up the pot-holes in the city.
5.1.3 It was stated that the pot-holes which came to the notice of the District Legal Services Authority during their inspection were filled in by spending the amount of Rs.30 lakhs. It was stated that the pot-holes were formed mainly on the account of the works taken out for repairs and maintenance of underground drainage and water supply work. The trenches opened for these repairs will be filled with soil and wet mix after the repair work and left for sometime for consolidation of soil before asphalting could be done.
- 12 -
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 It was also stated that the work order for Rs.50 lakhs was also issued for filling up of the pot-holes and the work is under progress. 5.2 It will not be out of question to reproduce in this order the details of the roads taken up for pot-hole filling after the inspection of the District Legal Cell Authority as furnished in the report of the Tumakuru City Corporation filed on 09.01.2024, as under.
(i) BH Road : There were no potholes found during inspection. The manholes which were about 10cms below the road level were rised to the road level.
(ii) Ring road (Kyathasandra : No potholes were found.
NH to Gubbi Gate)
(iii) MG Road : No potholes were found.
(iv) Barline road : 45 sqm of potholes is filled.
(v) JC road : No potholes were found.
(vi) Ashoka road : No potholes were found.
(vii) Chamundershwari road : No potholes were found.
(viii) Mandipet main road : The road was excavated for replacing the UGD pipeline and the repair of water suplly line.
The trench was refilled with soil and wetmix and left for sometime for consolidation of soil as the depth of cut was more. Now it is
- 13 -
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 laid with a layer of asphalt.
147.80 sqm of asphalt is laid
(ix) Garden road : Road was excavated for UGD pipeline repair work and now it is laid with asphalt 6 sqm of asphalt is laid.
(x) SS Puram road : No potholes were found.
(xi) Batwadi 80 feet road : The road was excavated by Railway department to lay the c able for signal. Now it is laid with asphalt. 65.80 sqm of asphalt is laid.
(xii) Baddihalli 80 fee road : No potholes were found.
(xiii) Melekote main road : 50.83 sqm of pothole is filled. The manholes which were about 10cms below the road level were rised to the road level.
(xiv) Sira road : 582.79 sqm of pothole is filled.
(xv) Kunigal road : 206.30 sqm of pothole is filled. (xvi) Shettihalli main road : No potholes were found. (xvii) Sathyamangala road : No potholes were found. (xviii) SBI road : 96.72 sqm of pothole is filled. (xix) Maruthinagar main road : 216.82 sqm of pothole is filled. (xx) Ismailnagar road : 62.70 sqm of pothole is filled.
There was a water supply valve
- 14 -
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 which has been covered with valve chamber and cover.
(xxi) Isra shaadi Mahal road : Complete development of road is taken up by PWD and the work is under progress.
(xxii) Maralenahalli main road : 90.75 sqm of potholes is filled. (xxiii) IDSMT 80 feet road : 486.10 sqm of pothole is filled. (xxiv) Horpet road : No potholes were found. (xxv) Amanikere road : No potholes were found. (xxvi) Kothithopu road : No potholes were found. (xxvii) Belagumba road : No potholes were found. (xxviii) Devarayapatna : No potholes were found.
main road (xxix) Hombaiahanapalya : No potholes were found.
main road (xxx) SLN nagar main road : 20.70 sqm of pothole is filled. (xxxi) Kyathasandra : 59.48 sqm of pothole is filled.
petebeedi main road (xxxii) Kyathasandra : 30.66 sqm of pothole if filled.
Kesarumadu road (xxxiii) Rangapura main road : No potholes were found. (xxxiv) Ashoknagar 2nd and : Inspection. The manholes which 3rd cross were about 10cns below the road Level were rised to the road level.
(xxxv) Gokula Railway parallel : 46.08 sq, pothole is filled.
road
- 15 -
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 (xxxvi) Sarswathipuram : 46.38 sqm of pothole is filled.
st 1 cross (xxxvii) Maralur Gangasandra : There were no pothole found road during inspection.
5.3 The report further stated that in addition to the above road repair works, 2738.09 sq.mts, of pot-holes were filled in on various roads of the city.
5.4 From all the above measures taken which are depicted, demonstrated and detailed in the aforesaid reports filed by the District Legal Services Authority as well as the Tumakuru City Corporation, this Court is satisfied that the cause sought to be espoused in this public interest petition which was entertained by the Court, has been duly addressed to by the authorities who have acted in discharge their duties pursuant to the orders of the Court. 5.5 This Court is of the view that no further indulgence is required and the present public interest proceedings are not required to be continued any further.
6. It is, however, observed and provided that if any pot-holes are still left causing danger to the safety of life of pedestrians in any part of the city of Tumakuru within the territorial limits of the
- 16 -
NC: 2024:KHC:15259-DB WP No. 20237 of 2021 Corporation, the Corporation shall act swiftly to undertake the repair and fillment of pot-holes on urgent basis so as to complete the same before the onset of monsoon season this year.
7. The present writ petition stands accordingly disposed of requiring no further orders.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE THM List No.: 1 Sl No.: 46