Kerala HC warns officials of action if monsoon-damaged roads cause accidents

The Kerala High Court has cautioned civic and highway authorities that engineers and officials could be held personally liable if accidents occur due to potholes, road craters, or other hazardous road conditions during the monsoon season.

Justice Devan Ramachandran issued the warning while hearing a petition concerning the poor condition of roads across the State. The Court noted that it had previously stressed the need for accountability among authorities responsible for road maintenance.

During the hearing, amici curiae Vinod Bhat and S Krishna highlighted the rapid deterioration of roads following the onset of the monsoon. They submitted that several roads could develop deep potholes and structural defects unless authorities, including municipal corporations, the Public Works Department (PWD), and the National Highways Authority of India (NHAI), remain vigilant and take timely preventive measures.

The Court observed that roads often sustain significant damage during the rainy season, with authorities frequently offering various explanations for the deterioration. However, it emphasised that such justifications cannot lessen the grave risks posed by unsafe roads. “Whatever such justification may be, the fact remains that potholes and crates in roads imperil lives and even if one is to be so lost or a person to be injured, the consequences will have to be seen as catastrophic.”

Referring to its earlier orders, the Court reiterated that accidents resulting from poorly maintained roads are often man-made disasters. Although the hearing did not focus on specific instances of road damage, the Court recalled that authorities and engineers had already been directed to maintain constant supervision over roads within their respective jurisdictions.

The Court further stated that all officers, engineers, and stakeholders must be reminded of their responsibilities during the monsoon season. “I deem it necessary that all the officers, engineers and other stakeholders are notified and warned that unless remedial measures are taken to avoid roads being destroyed, personal liability may have to be fixed. Particularly, if accidents are caused on account of such.”

Accordingly, the Court directed engineers in charge of various road stretches to continuously monitor road conditions and take prompt corrective measures to protect the public from danger. It also ordered all concerned authorities, including the NHAI, PWD, and municipal corporations, to circulate the order among engineers under their control within three days through appropriate official channels.
The matter has been posted for further consideration next week.
(With LiveLaw inputs)