Alleged non-grant of requisite fund cannot be ground for non-performance of Municipal function, the court said.
The Chhattisgarh High Court has observed that the existence of roads in reasonable condition is embraced in the citizens' right to life and the lack of financial resources cannot be the ground for a municipality not to perform the statutory obligations and duties.
The court was considering the plea of one Pankaj Sahu wherein it was alleged that citizens of the area are not able to approach to shops for their daily needs and roads of the locality are neither usable nor workable.
Justice Sanjay K Agrawal observed that it is obligation of municipal authorities and other agencies of the state to provide complete means of communication (road) in good and proper condition, and citizens are entitled to excellent civic amenities, including roads, in workable condition.
“In the context of the constitutional provisions, the existence of roads in reasonable condition is embraced in the citizens' right to life. Every person is entitled to right to life as enjoined under Article 21 of the Constitution of India, which includes right to live with human dignity,” the court observed.
It said the Municipal Council has failed to perform its statutory obligation by providing usable and workable roads and also to fill up uncovered drains after the alleged removal of encroachment. The court then directed the authorities to take effective and proper steps to provide basic civic amenities, including usable roads, covered drainage etc., to the residents.