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Old 21st May 2015, 10:51   #1
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Thumbs up Bombay High Court: Citizens have a fundamental right to good roads

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"It is high time that all concerned clearly understand that the right to have properly maintained roads is a part of fundamental rights guaranteed by Article 21 of the Constitution of India and in the event any loss is caused due to its violation, the citizens have a right to seek compensation," the court said.
http://www.ndtv.com/india-news/citiz...h-court-764670

Last edited by darklord : 21st May 2015 at 11:01.
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Old 21st May 2015, 11:18   #2
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Default re: Bombay High Court: Citizens have a fundamental right to good roads

Though in principle this is welcome. and this how it should be. But the real question is who is responsible. In the event of tyre damage due to a deep pothole can we claim the cost of the tyre from the corporation or municipality. The very minimum could we haul the contractors to court and get them punished, apart from re-laying the road??

But definitely welcome it, since various entities should now focus on ensuring that we have good infrastructure including good roads.

Last edited by Eddy : 21st May 2015 at 17:15. Reason: correcting typo
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Old 21st May 2015, 11:49   #3
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Default re: Bombay High Court: Citizens have a fundamental right to good roads

Unless you can complain and get a acknowledgement, what is the use? Hope they ask the govt to do this first. Then someone needs to monitor that its fixed, fixed well and all that which is too much for our govt agencies.
On the other hand, in Karnataka most of the Hight Court judgments relating to infrastructure are not even considered by the agencies. It would be a travesty if we get in a situation where judgments are de-valued like that routinely.
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Old 21st May 2015, 23:26   #4
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Default Re: Bombay High Court: Citizens have a fundamental right to good roads

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Originally Posted by raghu.t.k View Post
In the event of tyre damage due to a deep pothole can we claim the cost of the tyre from the corporation or municipality. The very minimum could we haul the contractors to court and get them punished, apart from re-laying the road??
Appreciate your views and sentiments. But the contractors are not the only culprits.

Contractors win the contract in the competitive environment of tendering process. The winner needs to be the lowest bidder. Consider their expenses on the local politicians and on the inspection agencies, even if they work as per the specifications.

Roads can be damaged because of wrong use / abuse. This is because of overloaded vehicles, which escape by paying bribe. Other factors could be: heavy objects dropping on the road, vehicles parking / running over the roads before the concrete cures completely.

Sometimes, the specifications of the roads are not properly laid. The actual loads on the road are much higher than the specifications. This is the case of most roads in the countryside.

So, to punish, we need to find out who is the guilty party, the contractor or the inspection agency or the deign agency or the road users?

In our area, if we find the road damaged, how many of us have the guts to question the corporator or an MLA? How many of us have the guts to contact hundreds of people during election time and suggest them not to vote for a candidate because he took money from contractors and allowed bad roads?

So, finding out faulty agency and punishing them is not easy and practical. Faulty agency will not be the only one who is faulty; they have strong backing from a corrupt system.

Answer to our pains lies in supporting the honest and capable political parties instead of supporting some party because of self-interest or because of personality hype.

Last edited by Rahul Bhalgat : 21st May 2015 at 23:30.
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Old 21st May 2015, 23:59   #5
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Default Re: Bombay High Court: Citizens have a fundamental right to good roads

Yes, good roads is a fundamental right of every citizen under Article 21 of the Indian constitution, but who is going to enforce this and how?

Our fundamental rights get violated every day, thanks in large measure to our legal system. Currently there is an 8 year backlog for civil cases in the Bombay sessions court. 8 years for your matter to come up for hearing. After that God alone knows how many more years to get a verdict. This verdict will invariably be challenged in the higher courts. An entire lifetime goes in useless litigation.

Our judges pronounce verdicts sitting in their ivory towers. Fundamental right, blah!!!
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Old 22nd May 2015, 09:21   #6
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Default Re: Bombay High Court: Citizens have a fundamental right to good roads

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Originally Posted by Rahul Bhalgat View Post
Appreciate your views and sentiments. But the contractors are not the only culprits.

Contractors win the contract in the competitive environment of tendering process. The winner needs to be the lowest bidder. Consider their expenses on the local politicians and on the inspection agencies, even if they work as per the specifications
.....
.
You right on it. But once it becomes a fundamental right, it should be enforceable by court. It is a know fact that the actual resources available after all the "administrative/incidental expenses" is not sufficient to do the job in the way it was originally planned. But finally the corporation and the contractors should be held accountable for it. Else its not as good as a directive principle also.

To give an example, last week I was returning home late night on my bike, through one of the 2 lane roads in a well known area in Chennai. There was a vehicle on my left, and on coming traffic on the right. Then I see a manhole which is slightly deep. I could neither move to my right nor left and had to hit the hole. Is it too much to expect that these holes are to be level ?

But given the recent judgements, I dont have any hope.
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Old 22nd May 2015, 09:30   #7
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Default Re: Bombay High Court: Citizens have a fundamental right to good roads

This is likely to be confined to the statute books like so many others. There was a judgement of the Allahabad high court in the mid 1990's banning speed breakers on National Highways (could have been out of town areas). Implementation - zilch. I remember in the n=mid-1970's when traffic in France was crazy, I asked a Prof in Paris as to what is the purpose of pedestrian crossings, since nobody seems to care. He said, joking I hope, if you get run over on a crossing you can sue and claim off the driver's insurance.
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Old 22nd May 2015, 16:16   #8
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Default Re: Bombay High Court: Citizens have a fundamental right to good roads

Quote:
Originally Posted by raghu.t.k View Post
You right on it. But once it becomes a fundamental right, it should be enforceable by court.

To give an example, last week I was returning home late night on my bike, through one of the 2 lane roads in a well known area in Chennai. There was a vehicle on my left, and on coming traffic on the right. Then I see a manhole which is slightly deep. I could neither move to my right nor left and had to hit the hole. Is it too much to expect that these holes are to be level ?
I have seen the manhole covers not being in level with the roads here in Pune too. There have been fatal accidents too.

I feel that the families of municipal commissioners, city engineers and contractors must be forced to drive two-wheelers on such roads for their daily commute. Most of these people send their families in car with a driver and this shall not be allowed.

Anyway, hope you are safe and take care.
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