Thiruvananthapuram (Kerala) [India] – Kerala High Court on Monday directed the National Highway Authority of India (NHAI) to take prompt actions to correct every road under their control, either through the here and now concessionaires or via new contractors, which will be done without any kind of more delay and within one week from today.
Solitary Bench of Justice Devan Ramachandran likewise ruled that, “The Area Collectors, in their capacity as the heads of the District Calamity Monitoring Authorities will certainly release orders relative to any kind of roadway in which gaps are located as well as take needed action against the jurisdictional Designer, contractors or any other person that might be responsible. All corollary consequences thereto will likewise follow, to the max warrant of law.”
The writ applications were used up today after Amicus Curie offered the notice of the Court that a person had actually passed away falling under a pothole on the National Freeway.
Court likewise made it clear that “the proficient authority of the NHAI will certainly create an enquiry right into the accident in question as additionally on the other stretchers which has actually gone into disrepair and also file a record repairing obligation on Engineers/Concessionaires as the case may be. The earlier instructions of this Court to initiate Vigilance cases and other examination will certainly continue to hold impact and it will certainly be additional to the afore directions. Suffice to claim, prima facie, the collection of tolls normally would pre-suppose the obligation of the Concessionaire or the skilled Authority to preserve the roads in the most effective manner. This is the right of the resident as well as absolutely, one that will certainly motivate this Court to concern orders in future.”
While judgment, the Court observed that, “the gravity of the situation in Kerala is currently for all to see. We do not react up until we are the target or a person we know faces such a scenario. It is always as if crashes only happen to others as well as not to ourselves. But this is a misconception, as any person with practical sense would certainly reckon.”
The court likewise kept in mind that the District Collectors can not be plain viewers and respond only when a mishap happens; yet they are certainly enjoined to act to avoid it.
” We can neither wait for one more sufferer; neither can we allow the roads of Kerala to be killing areas – whether it be under the NHAI, PWD or the Regional Self Federal Government Institutions,” it noted
” The order better mentioned,” The Area Collectors, in their ability as the Heads of the District Catastrophe Management Authorities, have a definitive duty to play and the Authorities under them have to be alive to any issues when driving, especially associating with gaps as well as craters. Also singular ones will need to be born in mind of and also acted on, taking care of full duties upon the Engineers, service providers as well as other persons entrusted with the roadway. This Court can not go on passing orders each time there is a disaster. It is for the Area Collectors to now act and also this Court has no doubt about it.”
Court additionally suo motu implead the Regional Police officer, NHAI, Thiruvananthapuram as an added respondent in these writ applications.
The court will think about these writ petitions once more on 19th August.
