HC asks NHAI to assess pothole works by BBMP

The Karnataka High Court on Wednesday asked the National Highways Authority of India (NHAI) to carry out an "independent third-party assessment" of pothole-filling works undertaken by the Bruhat Bengaluru Mahanagara Palike (BBMP).

A division bench headed by Chief Justice Prasanna B Varale also asked the NHAI to indicate whether the works were satisfactory and as per the work order.

The bench was hearing a 2015 PIL filed by Vijayan Menon and others seeking directions for filling up potholes and maintenance of roads. The petition also sought for a direction to provide a mechanism enabling citizens to file complaints about the poor condition of roads.

The bench perused the orders passed by the court from time to time and observed that those directions have remained only on paper.

The condition of roads in Bengaluru, even after a span of six years (of filing the PIL), has not changed positively and the sufferers are the citizens of the city, it said. The court also observed in various orders that the conditions of roads, particularly potholes, led to unfortunate incidents of people losing their lives. The report submitted before the court shows that a majority of repair works was awarded to private contractors.

"There is no independent third-party assessment of the work undertaken by private contractors," the bench said.

In order to ensure an independent verification, the bench requested the NHAI to inspect the works undertaken by private contractors, including those carried out by American Technology Solutions Limited, the company which undertook pothole-filling works through the python machine.

“The respondent BBMP is directed to hand over the copies of all reports/affidavits submitted to this court, including today’s report, to the office of the chief engineer NHAI within one week from today. On receipt of such reports, the chief engineer NHAI or the officer deputed by the chief engineer NHAI, to personally visit all these roads wherein the work of repair/resurfacing is undertaken,” the court said.

The bench asked the NHAI to submit its report in four weeks indicating whether the works were carried out as per the work orders and whether they were satisfactory or not. The court also asked the NHAI to point out dereliction on the part of contractors or BBMP officers, if any.

"We further make it clear that the order passed today shall not be treated as stoppage of work going on and undertaken by the BBMP," the bench said.