To,
The General Manager,
South Central Railway,
Secunderabad.
Sub: Urgent repairs to Road Leading from Chandrayangutta to Falaknuma
– Requested – Regarding.
***
With reference to the
subject cited above, I submit that the road leading from Chandrayangutta to Falaknuma is in a very
bad condition and it has not been
repaired for the last few years. It is
an exclusive way to reach the Railway Station as no other alternative way is available and It
is came to our knowledge that you
authority is solely responsible for the said road maintenance. There are pits and ditches on the roads everywhere, which
sometimes cause accidents to unwary drivers. Further due to bad condition of
road, our vehicles are getting frequent repairs, levying heavy financial burden
on us.
Besides, most of the
street lights on the said road are not functioning and there is total darkness during the night
times. It has caused a spurt in the incidence of crime in the area. The
passengers’ coming-to and leaving-from Falaknama Railway Station do not find it
safe to move on the said road, with the prevailing of darkness. At night people
sometimes stumble down.
Further the condition of the road becomes all the worst during the
rainy season. During rains, water collects here and there and drains overflow.
Due to water logging, at
times it becomes very difficult to pass by the heaps of garbage and overflowing
drains, leading to fell down from the two wheelers and also giving out strong
nauseating smell.
Further I would like to
bring to your authorities notice that right to have roads in reasonable condition is a
part of the fundamental right guaranteed under Article 21 of the
Constitution of India. Several High Courts have recognized the same. In the case of High Court on its own
Motion- High Court of Judicature at Bombay Vs The State of Maharashtra and
Others (SUO MOTU PUBLIC INTEREST LITIGATION NO.71 OF 2013) held as under:
“As
pointed out earlier, by the judgment and order dated 31st August, 2006 this
Court has already held that the right to have roads in reasonable condition is
a part of the fundamental right guaranteed under Article 21 of the Constitution of India. Thus,
the Division Bench has placed the right of citizens to have pothole free roads
in reasonable condition on the highest pedestal of fundamental rights under Article 21 of the Constitution of India.
Existence of such fundamental right creates corresponding obligation in all the
authorities which are "State" within the meaning of Article 12 of the Constitution of India. For
the infringement of the fundamental right guaranteed under Article 21 of the Constitution of India, a
citizen can demand compensation apart from seeking the enforcement of the
right. Moreover, a citizen has a right to make grievances regarding the
violation of such right and get the grievances redressed”
Further the HON’BLE HIGH
COURT OF DELHI in WRIT PETITION
(CIVIL) NO. 1077 OF 2007 - MADHU KAUR
.... Petitioner VERSUS GOVT. OF NCT OF DELHI& ANR. ....
Respondents held as under”
“the Delhi High Court has repeatedly taken the view that improper maintenance of roads amounts to negligence and in such cases when an accident occurs the road maintaining agency is liable to pay compensation for the loss suffered and damage caused. In Raj Kumar versus Union of India and Another, 124 (2005) DLT 218, a scooterist drove over a manhole which was three inches below surface of the road and lost control and died after hitting the side/divider railing. The road maintenance agencies, viz. MCD as well as Delhi Jal Board who were required to maintain and repair manhole were found guilty and the compensation was awarded. The respondent authorities should be conscious and aware of their duty to maintain roads and ensure that the road surface does not have any pits or khada so as to cause accidents, thus resulting in injuries and even loss of life. It is the obligation and responsibility of the road owning agencies to ensure that the roads are maintained properly and repairs undertaken. Even if they have entered into third party contracts for road maintenance, road users should not suffer injuries fatal or otherwise because of lack of maintenance, proper care and repairs. In case road is found to be damaged, necessary caution board/sign boards or barricades should be fixed. In case accidents take place as a result of negligence and failure to maintain roads, damages can always be awarded to persons who have suffered or lost a near and dear one. Loss of life because of negligence of state instrumentalities results in violation of right to life and liberty under Article 21 of the Constitution. In such cases of violation of fundamental right to life, a High Court under Article 226 of the Constitution has power to award compensation and direct the State instrumentality or its servants to ensure enforcement of fundamental rights. This remedy is available in public law.
As
envisaged by the Hon’ble Courts, it is
the obligation and responsibility of the your authority who own the above road
to ensure that the road is maintained properly and repairs are undertaken. your authority is solely responsible
for the damages caused to us by the poor road conditions.
I hope your authorities would take immediate necessary steps to
improve the road condition otherwise the aggrieved persons will be at liberty to approach the
Hon’ble High Court for redressal of
their grievance,.
Yours sincerely
