In a significant order, the Bombay High Court on Wednesday held that right to good roads is a fundamental right of the citizens and the onus on providing the same lies with the state and its agencies.

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dna has been campaigning for the same, in a series of articles, bringing out the plight of the motorists as well as pedestrians who are forced to negotiate pothole-ridden roads and unlevelled footpaths.

A division bench constituting of Justice Abhay Oka and Justice C V Bhadang, in its 33-page order, gave several interim directions to the government and sought their compliance by July 6. It also directed authorities like the BMC, Maharashtra State Road Development Corporation (MSRDC), Mumbai Metropolitan Region Development Authority (MMRDA), Mumbai Port Trust and others – who have control over roads in Mumbai – to ensure that the potholes are repaired prior to the onset of monsoon.

"Pothole-free roads and properly levelled footpaths are fundamental rights of every citizen, guaranteed under Article 21 of the Constitution, and in the event any loss caused due to its violation, the citizens have the right to seek compensation," the bench ruled further stating that "It is the obligation of the authorities concerned to maintain the footpaths properly levelled and in such a condition that it can be conveniently used by pedestrians. This aspect cannot be taken lightly by any authority," it said.

Further, the court laid down a proper redressal system. As of now the BMC has a helpline that operates for just four months (June 7-Oct 7). This, the court held, was not correct. The government and agencies should act on the complaint withing two weeks and post on the websites the action taken report. "Unless there is an effective mechanism provided to the citizens to file complaints they will not be in a position to enforce their constitutional as well as legal right to have well-maintained streets," the bench observed.

It directed the state and agencies to have websites in such a way that citizens can upload photos of the roads and also track their complaints. Complaints should be allowed to be made in writing to designated centres, by dialing toll-free numbers and via texting from mobile phones. It also said that the name of agencies doing digging works on roads and the time period allotted for the work should be displayed for public knowledge.

The court held that the authorities cannot put the blame on monsoon for the bad roads as the monsoon is normally heavy in the city. It directed the government to file affidavits to state the measures taken to ensure quality of the road maintenance works. It also directed the state and authorities to issue a circular to its officials dealing with the works that the failure to maintain the public roads, footpaths and bridges may lead to loss of precious lives, loss of valuable working hours and fuel, apart from causing inconvenience to the public. The circular should also caution that disciplinary action will be initiated against the erring officials.The directions were given during the hearing in a suo-moto public interest litigation taken up by the HC in 2013 on the poor condition of roads. The court will further hear the matter on July 10.On toes, says BMC"We have already updated the complaint website last month. It will be operational through out the year. Two separate contracts have been given for filling of potholes, to be taken up before and during the monsoon," Ashok Pawar, Chief Engineer (Roads), BMC told dna.Man on street hail it"We welcome the order. We are thankful to the judiciary. The worry is how will the BMC implement the order and ensure our fundamental right. The footpaths are encroached, forcing the citizens to walk on road," said Rajkumar Sharma, a citizen activist from Chembur.