Development Activities By NHAI Cannot Be At Cost Of Convenience Of People: Kerala HC Demands Immediate Action On Road Safety

The Court was addressing one of its writ petitions, initiated in 2008, which seeks to ensure proper maintenance of roads constructed by authorities in Kerala. The case remains open to address ongoing road-related concerns in the state.

A Bench of Justice Devan Ramachandran expressed concern over how NHAI projects often begin without adequate prior notice to the public, leading to inconvenience. The Court said, “No doubt, development activities by the NHAI is most imperative, but it cannot be at the cost of convenience and lives of people. In any country, before a major project starts, the alternatives are well thought of, executed and put in place, and this is well documented. Even when major works on roads go on, motorists and pedestrians don’t even become aware of such work, until it is completed and thrown open for traffic. But alas, in our country, things appear to be different, where the common man takes the pinch every moment, until the work is completed. This is not the way it is expected to be and definitely not conducive to the modern times.”

Senior Government Pleader - Sri. K.V. Manoj Kumar appeared for the Petitioner and Advocate Bidan Chandran appeared for the Respondent-NHAI.

During the hearing, Advocate Vinod Bhat, serving as amicus curiae, raised alarming issues regarding the deteriorating condition of the Aroor-Thuravoor stretch of the NH and the inadequate provision of alternatives during the construction of an elevated highway by NHAI. He pointed out that the situation worsens during the monsoon, leading to frequent accidents.

In response, the Court directed NHAI's Standing Counsel to urgently communicate the severity of the situation to the relevant authorities and ensure corrective actions are taken promptly.

Furthermore, the High Court addressed the challenges faced by pedestrians in Kochi city, particularly during the monsoon season. It criticized the government's failure to prioritize pedestrian safety, especially for differently abled individuals, describing it as indicative of a lack of concern and value for pedestrian rights.

The Court added, “I cannot understand why the Authorities still don’t see this in its proper perspective and how pedestrian areas can be left in such a deplorable condition, in spite of several orders by this Court. Most of the time, the standard reason given is lack of resources, but I don’t fathom how the system can cite such, when the lives of citizens are in great peril.”

It instructed the concerned authorities to immediately implement necessary corrective measures and provide a progress report on 'operation footpath', an initiative launched in 2021 aimed at maintaining district footpaths. The Court ordered, “In the meanwhile, I direct the Kochi Corporation, PWD, KMRL, GCDA and CSML to immediately take steps to make essential corrective and reparatory measures on the roads within their command, to render the pedestrian areas minimum accessible and at least walkable for citizens. Work in this regard shall begin forthwith and I expect a progress report from each of these Authorities to be brought to this Court by the next posting date;”

The next hearing on these matters is scheduled for Friday, July 5.

Cause Title: Pauly Vadakkan v. Corporation of Cochin & Ors.