Roads Are 'Lifeline' Under Articles 19(1)(d), 21: Orissa High Court Pulls Up Authorities Over Cuttack Roads
Emphasizing that a road is not mere tar and stone but a "lifeline" under Articles 19(1)(d) and 21 of the Constitution, the Orissa High Court has expressed strong displeasure over the continued poor condition of roads in Cuttack city.
The division bench of Justice KR Mohapatra and Justice V Narasingh observed that despite repeated directions since 2024 and assurances from the authorities, the ground reality had remained unchanged.
"The above exemplifies the repeated concern expressed by this Court and the blissful inaction on the ground. Compliance affidavit(s) have not translated themselves to motorable roads and the scenario remains the same with an agonising cycle pot holes-repairs-onset of monsoon and again pot holes. It is akin to Shakespeare's 'grief' with a thousand Shrieks (King Lear, Act 2). A road is not mere tar and stone. It's a lifeline under Article 19(1)(d) read with Article 21 of the Constitution".
The observations were made in a suo motu petition concerning the condition of roads in the city and the implementation of directions issued to the authorities for repair and maintenance.
The bench noted that it has been issuing directions for nearly two years, with repeated orders directing the Cuttack Municipal Corporation (CMC), Roads and Building Departments (R&B), and other authorities to take corrective measures.
Background
The Court had first issued directions in September 2024, when, by an order of September 12, it had directed the authorities to take immediate steps to repair damaged roads in 15 wards and submit a progress report.
The problem of waterlogging was then brought before the Court by the Advocates' Committee on October 3, 2024, highlighting that water accumulation was further damaging the roads and aggravating the difficulties faced by residents.
Taking note of the issue, the court issued directions to the CMC Commissioner to address the waterlogging problems and undertake the necessary repairs.
On October 30, 2024, the court noted from the status report that certain construction works had been sent for technical sanction and estimates had been prepared for various roads.
The proceedings, however, also brought to light an apparent dispute between government agencies over the responsibility for particular roads.
During the hearing, the bench questioned the Superintending Engineer of the R&B division regarding the proposed concrete road and repair in Ward No 2. The officer informed the court that the said road fell under CMC.
The bench took exception to the apparent lack of clarity between agencies and observed that there was a "patent lack of coordination" between the CMC and R&B Department, with one department shifting the responsibility onto another.
The court noted that the status report did not specify any time frame for completion of proposed works. The CMC Commissioner thereafter assured the court that all works mentioned under "Status of roads" would be completed by the end of November 2024.
The court, however, noted that this was not the first deadline given by the Commissioner. It recalled that an earlier assurance had been given that the road works would be completed by Durga Puja, which had not happened.
The bench warned that failure to complete the works by the end of November would compel it to take serious note of the matter and initiate follow-up action.
In December 2024, the Court considered a compliance report submitted by the City Engineer of CMC stating that steps had been taken to repair and reconstruct the roads identified by the Advocates' Committee.
The report stated that 64 out of 105 roads and drain works have been completed. 6 roads fell under R&B, while the remaining were categorised as private roads, roads already in good condition, or roads under other categories.
On August 21, 2025, the Bench noted that poor road conditions were being regularly highlighted by print and electronic media. The bench observed that the roads had quickly deteriorated with alarming alacrity, which suggested shoddy work and lack of supervision.
Ths, the bench stressed the need for stern action against the contractors responsible for substandard work and emphasized that contracts should contain clauses enabling recovery of repair costs from contractors who failed to maintain required standards.
On August 26, 2025, the CMC informed the court that, pursuant to the decision taken at the council meeting, proactive measures were taken with the goal of completing the same before Durga Puja.
The bench directed the CMC to file an affidavit setting out the modalities for undertaking development works, including road works, in each ward. It also sought details regarding the incorporation of defect liability discussed in contracts to ensure accountability.
The court further directed that the affidavit contain ward-wise details of funds sanctioned for road repairs, the present condition of roads repaired in 2024, and names of Junior Engineers who had certified those works.
On September 25, 2025, the bench found that although CMC had been claimed to have identified roads requiring repairs, the list was not annexed to the affidavit.
The court, regarding this disclosure, remarked, "This Court is of the prima facie view that such nondisclosure is a brazen attempt to escape scrutiny".
Subsequently, on October 9, 2025, the court directed the Engineer in Charge to prepare a comprehensive statement setting out the total length of roads in each ward and of roads requiring repair, and set a time limit.
In view of the continuing concerns, the court also summoned senior officials. The Additional Chief Secretary assured the court that necessary steps would be taken. She also informed that a detailed project report was prepared. The Works Department informed the court regarding a special proposal for repairing roads under the R&B division and submitted an affidavit detailing the steps taken and the timeline for completion.
The CMC Commissioner, who served as Vice Chairman of Cuttack Development Authority, informed the court that roads in KDA Section 13 would be handed over to CMC for maintenance after completion of repair work. However, the court remarked that it was difficult to accept the submission in light of previous conduct.
Therefore, the bench directed the Advocates' Committee to visit the respective wards and submit a report regarding arterial roads. The bench noted, "Kafka wrote in The Castle, 'there is infinite hope but not for us”.
The bench, while listing the matter for September 10, 2026, remarked,
"We persuade ourselves to disagree with sanguine trust that assurance of the executive under the leadership of no less than Ms. Usha Padhee, IAS, Additional Chief Secretary, Housing and Urban Development Department, Government of Odisha will fructify and visible changes will be seen and felt on the streets of this millennium city and not confined only to the series of affidavits/compliances".
Case Title: Registrar v State of Odisha, SUO MOTU W.P.(C) PIL No.2140 of 2020