Background of the Case
The Kerala High Court has taken a proactive stance in addressing the issue of water logging along national highways, a problem exacerbated by recent construction and widening activities. The court's involvement was prompted by a plea from residents of the Varappuzha Grama Panchayat, who have been grappling with significant water accumulation due to inadequate drainage systems along the newly constructed highway segments.
Residents' Plea and Court's Initial Observations
The petitioners from Varappuzha Grama Panchayat, represented by the President and Secretary, highlighted the persistent water logging problems in their area, attributing the issue to the National Highways Authority's (NHAI) failure to implement a cross-drainage system. This deficiency has caused severe inconveniences and potential hazards for the local population, especially during the rainy season. The Division Bench, consisting of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu, noted that such issues are not isolated to Varappuzha but are prevalent in multiple regions undergoing similar highway development projects.
Lack of Coordination Among Stakeholders
The core issue identified by the court is the lack of coordination between various stakeholders, particularly the State Government and the NHAI. The court observed that the NHAI often considers roadside drainage construction to be the responsibility of the state, leading to a bureaucratic stalemate that leaves critical infrastructure unaddressed. This misalignment results in significant water logging, which not only disrupts daily life but also poses serious risks to traffic safety.
Court's Directive for Consultation and Action
Recognizing the severity and potential dangers of water logging, the Kerala High Court emphasized the need for a concrete, collaborative solution. The court directed that mere invocation of the Disaster Management Act by the District Collector is insufficient to tackle the problem effectively. Instead, it called for a coordinated consultation between the State Government and the NHAI to develop a comprehensive drainage strategy that ensures free water flow along highways, thus preventing future water logging incidents.
Broader Implications and Ongoing Issues
The court's directive extends beyond the immediate case, as it acknowledged similar complaints from other regions, such as the Mahe Bypass, where highway construction activities have led to water accumulation problems. The High Court's involvement underscores the systemic nature of the issue and the necessity for a unified approach in addressing infrastructural deficiencies that have widespread implications for public safety and convenience.
Legal Representation and Governmental Response
The petitioners in the Varappuzha case were represented by Advocates E.C. Kuriakose and Lejo Joseph George. In response to the court's order, the Principal Secretary of the Local Self Government Department, Thiruvananthapuram, was impleaded as an additional respondent to facilitate a more effective response and ensure that the directives are implemented efficiently.
Potential Consequences of Inaction
The High Court warned that failing to address the drainage issues could result in severe consequences once the highways become fully operational. The accumulation of water not only poses a risk of accidents but also creates significant hindrances to the smooth operation of vehicular traffic. The court's proactive measures aim to mitigate these risks by ensuring that necessary drainage systems are constructed and maintained.
Conclusion
The Kerala High Court's directive to the State Government and the NHAI highlights the critical need for coordinated efforts to prevent water logging on national highways. By calling for a collaborative consultation, the court aims to address the infrastructural deficiencies that have plagued various regions, ensuring safer and more efficient transportation networks. This case serves as a pivotal reminder of the importance of inter-agency cooperation in resolving public infrastructure challenges and safeguarding the interests of residents affected by large-scale development projects.
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