Notice to TN, Centre on state of roads, public buildings

The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy before whom a plea moved in this regard by advocate T Sri Krishna Bhagavat came up said, “For most parts, the rules are in place. However, when it comes to implementation of the rules, a human element is involved and that appears to be a problem.” Further, on the petitioner’s suggestion of improving quality control through inspection and accountability to ensure such public facilities have a longer life, the bench said, “When it comes to accountability, probably, the less said the better.” The bench said it may not be possible for the court to issue a mandamus as sought, monitor the quality of construction, inspect as to how long the construction lasts, how soon it wears way.

Also pointing out that it may not be possible for the court to solve the ills or solve them even if a collective effort is made, the court said, “It is for the citizens to be aware and hold public officials and the elected representatives accountable.” Even as it said a response on the matter is called for as the problems indicated in the petition are real and faced on a regular basis, the bench admitted that the court may ultimately lack the wherewithal to fix the problems.

“At least, a little more awareness that the problem exists may go some way in it being arrested,” the bench held while ordering notice returnable in four weeks. During the hearing, Chief Justice Banerjee also orally observed that it was unfortunate that the country has not been able to alleviate poverty, ensure education for all, and food and shelter to everybody even 70 to 80 years after gaining independence.

“But to retain poverty and keep certain people uneducated benefits a class of people,” the Chief Justice said. He also noted that despite having the resources, India was still in the take-off stage for 50 years. “When will we take off,” the CJ wondered while seeking large-scale reforms in this regard.