Safe, Well Maintained Roads Not Convenience But A Fundamental Right: Supreme Court
One of the biggest complaints that people have in India is that despite paying such a large sum in taxes, the condition of roads and other public infrastructure is very poor. Now, taking the side of the general public, the Supreme Court of India recently made an important statement. During its recent hearing on a case, it highlighted that access to safe, motorable, and well-maintained roads is a fundamental part of the Right to Life under Article 21 of the Constitution of India.
Supreme Court of India's important statement
Recently, appellant Umri Pooph Pratappur (UPP) Tollways Pvt. Ltd. filed a case against the Madhya Pradesh Road Development Corporation (MPRDC). This complaint was regarding the development of the Umri-Pooph-Pratappur road on a Build, Operate, and Transfer (BOT - Toll + Annuity) basis.
UPP Tollways, in its complaint, stated that it had a contract with the MPRDC for the development of the aforementioned road and for collecting toll. However, it faced delays because the government-appointed engineer, M/s Vaidya Organisation, initially rejected the design submissions, which stalled the work.
Following this, the private company was asked to resubmit designs with revisions, which were later approved. UPP Tollways highlighted that the initial project cost was Rs 73.68 crore. However, after the revisions, the cost increased to Rs 99.80 crore. The road in question is a 43.775 km stretch in the Umri-Pooph-Pratappur section of a Major District Road (MDR) in Madhya Pradesh.
How did the matter reach the Supreme Court?
Initially, UPP Tollways filed the complaint against MPRDC in the Arbitration Tribunal. However, it then withdrew its case without permission to refile and tried to opt for private arbitration instead. However, the Madhya Pradesh High Court stated that this was not allowed. As a result, the private company filed a case in the Supreme Court.
During the hearing of the case, the Supreme Court of India stated that the legal process cannot be bypassed and that the case has to go through the Madhya Pradesh Arbitration Tribunal. As for the road, it highlighted, “Building and maintaining roads is a public function. The government cannot neglect this — it’s their responsibility.”
How are good roads a fundamental right?
The Supreme Court of India has made it clear that safe, motorable, well-maintained roads are not just about convenience; rather, they are essential for a safe life. During its hearing, the apex court linked the need for good roads to the Right to Life under Article 21.
For those who may not be aware, Article 21 does not just protect life in a narrow sense; rather, it also includes the right to live with safety, dignity, and reasonable comfort. If the roads are in poor condition, they can cause accidents, injuries, and even death. So, not making and maintaining roads is directly threatening to life.
Also, roads provide freedom to citizens, as they have the right to live freely across the country and conduct their business and profession. As a result, when roads are in bad condition, it restricts their travel and economic activity, which is again a direct violation of freedom.
Taking note of all these factors, the apex court has highlighted that a state cannot neglect its duty of maintaining roads. It added that good roads are not something that are “good to have”; rather, they are an obligation.