The word Accident is a non-pleasant word anyone would wish to hear. For months together, we heard of accidents due to potholes, and now we have a solid base to claim for the same. The citizens highly appreciate the move by the High Court of Karnataka. The bench was hearing a PIL case filed by Vijayan Menon and others seeking various directions for better roads throughout Bangalore city without potholes and maintenance of the roads.
The High Court of Karnataka instructed the police authorities on Thursday not to delay or postpone filing an FIR if a person approaches them with a complaint of an accident caused by a pothole. A division bench led by Chief Justice Prasanna B Varale has also directed that, the BBMP produce information on representations filed by residents seeking compensation for pothole-related incidents. The court is hearing a 2015 PIL seeking directives on pothole repair and road maintenance. The petition also asked for establishing a mechanism that would allow citizens to voice their complaints about the poor condition of the roads.
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“During the hearing, the court cited a newspaper report claiming that Police are not reacting to or filing FIRs when affected or residents approach them with words of accidents caused by potholes. The bench ordered the BBMP to respond with information on submissions requesting compensation, the number of such representations, and any compensation awarded. The petitioner was asked by the bench to include the home department as a party to the suit.“The court said
“we direct that in case a citizen approaches the police station with a complaint, the police authorities shall not hesitate or avoid to register FIR by raising technical grounds” and “If a citizen suffers loss/damage arising out of an accident caused due to poor condition of the street or footpath and if such a citizen files a representation to BBMP, we hope and trust that BBMP will consider it and will award a reasonable compensation to the citizen so that the affected person is not forced to approach the Court of law.”
In the previous hearing, the bench instructed to get an independent assessment done through a senior officer of the repair works and resurfacing of the potholes undertaken by the BBMP. At the hearing, a request was made to depute at least two QC (quality control)teams from the Public Works Department (PWD) and NHAI to assist the concerned officer in preparing the report. The bench directed the state government to assist by December 23, 2022. Extending time, the court directed the concerned authority to submit the report within six weeks from December 24, 2022, and further, the court granted an additional grant of eight weeks’ further time to submit the report by April 2023.
As per inputs received by a survey analysis carried out by Bangalore based Organisation RiseUP for Rights, where found that most of the new road layouts of Bangalore are getting damaged by the local authorities (i.e., Corporate telecom companies, BBMP, BWSSB, BESCOM, BMRCL, etc.,) and even by the local public for water connections or Sanitary purpose. A spokesperson of RiseUP, Mr Hemant, tells State news that as per standard guidelines issued by BBMP Commissioner Orders,
But all this is in Papers as practically no enforcement is seen. Usually, what happens the previous day, is a new road layout is laid, and similar day-night telecom companies will come and damage the roads, which leads to the creation of Potholes, further to accidents. Many times, we called BBMP, the Police, etc. Still, only they were giving assurance that it won’t happen again. Now we got a strong backup from the court for filling FIR for Pothole related accidents.
The Civic bodies should coordinate with their local departments to avoid unnecessary roads dug up by them, as they won’t close after work, which creates further potholes. Pothole-free roads in Bangalore are prominent to avoid road Accidents.
