JOIN USBengaluru's potholes: Who's accountable?
The recent deaths due to potholes and people’s efforts to fix them have brought potholes back to the headlines. However, Bengaluru’s bad road problem is not new. In 2015, Vijayan Menon, an army veteran based in Koramangala, filed a public interest lawsuit seeking direction from the court to improve the road conditions of the city, with particular emphasis on potholes and ditches.
In the course of seven years, the High Court has tried to fix the accountability on Bruhat Bengaluru Mahanagara Palike (BBMP) by asking it to produce data, file status reports and compliance reports, and to come up with a working system that can monitor road quality.
The court reprimanded BBMP several times for non-compliance and lax attitude in addressing the problems raised in the court-monitored probe. It even mulled a contempt-of-court procedure on BBMP and then felt such proceedings would be a waste of the court’s time as BBMP had been defiant all the time. Despite all this, the BBMP, until now, has not been able to come up with a proper system to fix the conditions of roads.
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Court orders neglected
In its July 31, 2019 order, the court even stated explicitly that according to all rules, roads are the responsibility of the BBMP. It held that the ‘right to have roads and footways in a reasonable condition is guaranteed under Article 21’ and warned of serious consequences if this right is not protected.
It mandated the formation of Ward Committees and asked the committees to monitor roads in their wards, take them up with BBMP for repairs and give monthly reports on the status of roads. The court also said that any citizen who suffers losses due to the failure of the BBMP and its officers to maintain the streets in a good condition can always seek compensation.
Later it pushed BBMP to publish an advertisement to publicise this, though it took multiple hearings, coaxing and reprimands. Today this has found no use. Zonal commissioners have been given the power to give compensation but the BBMP has not entertained the requests, except in one case.
“Those who have filed such applications say the BBMP has not awarded any compensation. This means BBMP has not accepted its fault, despite the court saying that BBMP is solely responsible for the maintenance of roads and pothole problem,” says a lawyer, preferring anonymity.
“Citizens are pursuing systemic change, the court is also seeking it, but BBMP is not working in that direction,” the lawyer adds.
“If the Ward Committee has the responsibility and authority to keep track of roads and is obliged to report to the courts and people, there will be a much stronger long-term system to monitor roads. We have not got there yet, we are still working on minimising the effect of bad roads, which is short-term, but important because lives are being lost,” says Vijayan Menon.
Reasons aplenty
Menon calls pothole deaths a result of “pure corruption and negligence on part of people who look after the city”.
“Of course, the authorities who laid the road are responsible for pothole deaths. Negligence becomes their responsibility and they are accountable,” says S T Ramesh, former Director General of Police, Karnataka.
Can suo motu cases be filed by the cops? “Yes, suo motu cases can be booked. And I believe they may be doing so too. But how effectively the cases will be investigated since the accused are government officers or contractors becomes important,” he adds.
“Suo motu cases are not generally filed by the cops. If someone complains, we take cognizance and file an FIR. Out of more than 250 accident cases last year, there are about four cases where we have found evidence against civic authorities and charged them. However, the trials are yet to begin,” clarifies Kuldeep Kumar Jain, DCP West (Traffic).
In the court hearings, there were instances where the BBMP blamed it on the contractors. The court asked why the BBMP was not acting against them. The question still remains relevant.
“Why is the BBMP not filing cases against erring staff or contractors? Why are they not following other methods such as blacklisting contractors and disciplinary action against their engineers? Obviously, they are all hand-in-glove,” says Ramesh.
However, Manjunath, a contractor, says the problem is not because of road quality, as inspections are regularly conducted. “Heavy rainfall, digging by optical fibre cable companies, lack of coordination between BBMP and BWSSB, road-cutting permissions taken by citizens etc cause pothole problems,” he says.
While corruption remains a factor, the lack of coordination between various civic bodies has been highlighted again and again in court orders and CAG reports. But the government is yet to figure out a practical way to solve it.
Court case: Timeline
Oct 2015: First hearing of the PIL filed by Vijayan Menon
Sept 24, 2018: High Court constitutes a two-member committee comprising engineer-in-chief of Military Engineer Services and Legal Services Authority member secretary; asks them to inspect the pothole repair work done.
Oct 5, 2018: HC floats the idea of a dedicated portal to map and monitor road conditions
Oct 27, 2018: The Committee submits its final report. Lists shortcomings, and suggestions. Highlights the lack of coordination between BBMP, and BWSSB. HC advocates proper coordination between BBMP and BWSSB by means of a coordination committee
Dec 11, 2018: Court expresses unhappiness over progress in actual work done. BBMP chief engineers tell the court that they do not check measurement books, as the bills are passed by executive engineers. Court asks them to check and certify measurement books in Mahadevpura Zone
Dec 17, 2018: Court finds that measurement books were not certified by chief engineers despite court direction, and asks them to do it. Co-ordination Committee’s scope is expanded by adding BMRCL, BESCOM, KPTCL etc, which also dig up roads.
July 31, 2019: In a detailed order, the court explains how BBMP is solely, legally responsible for road maintenance. It holds that ‘right to have roads and footways in a reasonable condition is guaranteed under Article 21’ and warns of serious consequences if this right is not protected. Says compensation can be sought from BBMP for any related untoward incidents. Mandates the constitution of Ward Committees, asks them to monitor roads and take it up with BBMP for repair work.
Sept 9, 2019: Court asks BBMP to publicise via advertisements that citizens can seek compensation from BBMP in case of pothole deaths and injuries.
Oct 21, 2019: Court warns of contempt of court, as BBMP expresses unwillingness to consider compensations for accidents.
Nov 11, 2019: Court issues show-cause notice over contempt proceedings on BBMP for its reluctance to award compensations. BBMP blames contractors for poor conditions of roads. Court asks BBMP to file a report on action taken against them.
Nov 28, 2019: BBMP says in an affidavit that the KMC Act of 1976 does not have a provision to award compensations for pothole accidents. The court raps BBMP.
Jan 20, 2020: Court once again asks BBMP to comply with court orders.
Feb 6, 2020: Court asks BBMP to appoint IISc’s civil engineering department to conduct road audits. Gives a deadline of April 2020 to fix all roads. Feels filing a contempt proceeding on BBMP would be a waste of the court’s time, and wonders why the BBMP is so defiant.
Jan 27, 2022: BBMP tells the court that potholes have been filled in 1314 km of major roads and 12,046.82 km of zonal roads. The court expresses displeasure over the quality of pothole filling and the status report.
Nov 2, 2022: HC asks NHAI to inspect pothole repair works