Patna High Court Directs State To Comply With SOP Barring Arbitrary Raising Of Road Level, Contractor To Face Penalty For Violation

The Patna High Court has directed all state authorities and construction contractors to adhere to Standard Operating Procedure issued by Road Construction Department which prohibits arbitrary raising of road level without prior approval of the department.

In doing so the court said that the concerned contractor deviating from SOP shall face rescission of contract and face penal consequences.

The court was hearing PILs alleging during reconstruction of roads its level is raised to such an extent that residents on both sides are put to untold hardship.

A division bench of Chief Justice Sangam K Sahoo and Justice Harish Kumar in its order noted the affidavit filed by Under Secretary, Road Construction Department which said that Road Construction Department has formulated the SOP regarding raising the height of the Road and Construction of drain. The affidavit states that raising of road level arbitrarily without approval of the department is prohibited and such practices which obstruct the access to adjacent properties have to be avoided.

The court noted that it had in 2010 in similar matters recorded certain suggestions including wherever the height of the road is increased as a result of which inhabitants are affected, they are at liberty to bring it to the notice of the Collector-cum-District Magistrate of the District who shall look into the same in quite promptitude and take appropriate action by bringing it to the notice of the experts.

Further any contractor, who would deviate from the stipulations, shall be visited with the order of rescission of the contract and face such other penal consequence which shall be provided in the contract.

The bench thus said:

"There is no dispute that increasing the height of roads during repair or reconstruction, commonly known as resurfacing without milling, creates significant problems for residential and commercial infrastructure. This practice, often done to avoid the cost of remaining old layers, leads to waterlogging and accelerates structural damage to building. When roads are raised above the level of surrounding houses, it causes the rainwater and sewage to flow back into houses and shops, damaging property and spreading diseases. The plinth levels of houses and shops become significantly lower than the road surface over time. The steep gradient created between the elevated road and entrance to the properties makes it difficult for the residents to enter into their houses particularly for the vehicles. Contractors should scrape off the old, damaged layer (milling) before laying a new layer to maintain the original height.

We expect that the Road Construction Department, Urban Development Department, Public Works Department, Municipal Corporations including the Rural Works Department shall follow the SOP which has been annexed to the supplementary counter affidavit filed on behalf of respondent no. 4 and annexed as Annexure-R-4/A in its letter and spirit and should ensure that road construction adheres to engineering standards and the roads are not raised unscientifically. Whosoever breaches the SOP in any manner shall be held accountable and as per the previous order of this Court dated 19.04.2010 passed in two writ petitions, the concerned contractor deviating from the stipulation shall be visited with the order of rescission of the contract and face penal consequence".

The court said that there should be a clear provision in the contract to that effect and the engineers who are supposed to monitor the work of the contractors shall also be held accountable, if deviation is made from the stipulation by the contractor.

It observed that SOP clearly states not to raise the road levels arbitrarily, and without documented approval and not to neglect the drainage during maintenance afterwards and to avoid the construction practices that obstruct the access to adjacent properties and also to follow the approved roads strictly.

It thus said that it was expected that "all the authorities" including the contractor shall work in tandem to see that the SOP is observed in its letter and spirit and strict adherence is made to the SOP during the project execution.

The counsel for petitioners submitted that despite this order and SOP, there has been deviation all the time and the contractors are flouting the SOP and the road heights have increased and the engineers who are supposed to monitor the roads are not doing the needful to control such activities of the contractors and ultimately by raising of the height of the roads, people are suffering.

The court further said that if anyone brings to the notice of the Collector cum District Magistrate of the concerned district that height of the road has been raised arbitrarily without documented approval, then it shall be looked into with quite promptitude and necessary follow up action shall be taken.

"The order passed today shall be brought to the notice of the persons who are residing in a particular locality where road construction activities are going on by the authority concerned by putting boards for their awareness, so that in case of any deviation, the public will bring it to the notice of the concerned Collector-cum- District Magistrate, as observed above. On the next date, the learned counsel for the State shall apprise this Court as to whether any such complaint has been received by the Collector-cum-District Magistrate of any district regarding the deviation, if any, made by the contractors in raising the heights and steps taken in that respect," the court said.

The matter is next listed on June 19.

Case title: Ashish Kumar v/s The State of Bihar and batch

Civil Writ Jurisdiction Case No.18202 of 2022 and connected petitions

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