Right to have roads in reasonable condition is a part of the fundamental right guaranteed under Article 21 of the Constitution of India..- Extracts of relevant citations.

1. 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)  

“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”

2. IN THE HIGH COURT OF DELHI AT NEW DELHI      WRIT PETITION (CIVIL) NO. 1077 OF 2007
MADHU KAUR .... Petitioner VERSUS  GOVT. OF NCT OF DELHI& ANR. .... Respondents.

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.