Kerala HC: DMs will be answerable for accident caused by road potholes

Stating that every future road accident caused by potholes or carters be considered a man-made disaster, the Kerala High Court asked the district magistrates (DMs) to act within their statutory power. The court said that every future road accident caused by potholes would have to be explained by the DMs concerned, reported the Live Law.

In its interim order on Friday, the Kerala HC directed the state government to issue a circular asking the DMs to depute officials to inspect the condition of all roads in each district. The HC bench of Justice Devan Ramachandran on Friday observed: “The officers under various district collectors – in their capacity as heads of Disaster Management Authority – must be instructed to visit and watch every road and ensure that all of them are kept free of disaster, lest another accident happens.”  Justice Ramchandaran added that the court could not continuously prod the district collectors in this matter.

The court said it will now consider the angle of corruption in building roads and maintaining them as there is at least one road that has stood the ravages of monsoon for more than a decade and a half, according to the Times of India report.

The Court further observed that the more it delved into the issue of bad roads, the more it became apparent to the Court that it was the result of either corruption or insouciance, and at most times, both. According to the Live Law report the court observed that, “there is at least one road in Kerala which has stood the ravages of monsoon for the last more than a decade and half; and hence citizens cannot be found at fault if they have to believe that if a road is constructed well, it will last”.

Appearing for PWD, senior government pleader K V Manoj Kumar submitted that the Vigilance and Anti-Corruption Bureau had begun inspections on all roads and the person entrusted with its management and construction including engineers and contractors will be held responsible for any irregularity, according to the New Indian Express report.

-INDIA NEWS STREAM