Court Highlights Administrative Apathy and Overlapping Jurisdictions Hindering Road Maintenance; Demands Ward-wise Action Plans and Enhanced Coordination Among Authorities
The Orissa High Court (Division Bench), presided over by Justices K.R. Mohapatra and V. Narasingh, has expressed deep concern over the deplorable condition of roads and persistent waterlogging issues in various wards of Cuttack City. The judgment, delivered on 29th August 2026 in the suo motu Public Interest Litigation (PIL) initiated in 2020, underscores the failure of multiple civic authorities, including the Kataka Municipal Corporation (KMC), Roads & Buildings (R&B) Department, and the National Highways Authority of India (NHAI), to ensure maintenance and repair of arterial and other significant roads.
The Court's detailed order reveals a long-standing cycle of potholes, inadequate repairs, onset of monsoon damage, and renewed deterioration, despite repeated judicial interventions and multiple affidavits filed by the authorities. The Court has noted the "administrative apathy" and "lack of accountability," observing that promises to complete repair works by festival deadlines like Durga Puja were not met.
Key highlights from the judgment include:
- A comprehensive timeline of orders from September 2024 through August 2025 demanding immediate and effective action to repair roads and address waterlogging, with specific directions for ward-wise reporting and prioritization of repairs in accident-prone and densely populated areas.
- Strong criticism of officials attempting to shift responsibility between departments, emphasizing the need for coordinated action between KMC, R&B Divisions, and NHAI.
- Directions to include "defect liability clauses" in contracts awarded for road works to ensure accountability and recovery of repair costs from contractors responsible for substandard work.
- A mandate for ward engineers to submit detailed tabular reports on road conditions, funds sanctioned, repairs completed, and certification by Junior Engineers to facilitate transparency and monitoring.
- Instructions for the district administration to assist in ensuring roads are encroachment-free, which is critical for proper maintenance and public safety.
- The Additional Chief Secretary of the Housing and Urban Development Department and other senior officials appeared virtually before the Court, assuring that a comprehensive plan and Detailed Project Report (DPR) for stormwater management to mitigate waterlogging are underway.
- The Court acknowledged the efforts by officials but insisted on tangible, visible improvements on the ground rather than mere affidavits. The matter has been listed for further hearing on 10th September 2026 to assess progress.
In addition to road issues, the Court inspected the Biju Pattnaik Park in Cuttack and found it severely neglected. Problems cited include poor lighting leading to unsafe conditions, waterlogging, damaged jogging tracks, non-functional fountains, inadequate drinking water and toilet facilities, lack of security, and dysfunctional CCTV cameras. The Court directed concerned authorities to prioritize the park's maintenance and upgrade facilities to ensure public safety and hygiene.
Addressing traffic congestion in Cuttack, the Court has summoned the Collector of Cuttack for personal appearance on 3rd September 2026 to discuss measures for easing traffic woes, reflecting the Court's holistic approach to urban infrastructure challenges.
The judgment emphasizes the constitutional right to "motorable roads" under Article 19(1)(d) read with Article 21 of the Indian Constitution, framing quality road infrastructure as a fundamental right essential for the freedom of movement and life itself.
The Court's frank observations and proactive directives signal a push for accountability and sustainable urban infrastructure development in Cuttack, urging authorities to break free from bureaucratic inertia and deliver on their statutory obligations.
Bottom Line:
Public Interest Litigation (PIL) addressing the deplorable condition of roads, waterlogging, and maintenance issues in Cuttack City, highlighting administrative apathy, lack of accountability, and the fundamental right to motorable roads under Article 19(1)(d) read with Article 21 of the Constitution of India.
Statutory provision(s):
Constitution of India, 1950 - Article 19(1)(d), Article 21
This report captures the essence of the Orissa High Court's detailed judgment highlighting the persistent infrastructural challenges in Cuttack city and the Court's insistence on coordinated, accountable, and transparent actions by the civic authorities.
