The Supreme Court has observed that the right to safe, well-maintained, and motorable roads was part of the right to life under Article 21 of the Constitution.
The Bench of Justice JB Pardiwala and Justice R Mahadevan delivered the judgment on Wednesday, setting aside an order passed by the Jabalpur Bench of the Madhya Pradesh High Court, related to the development of a road stretch near Umri village of Madhya Pradesh.
The Apex Court held that Respondent No. 1 (Madhya Pradesh Road Development Corporation) was incorporated on July 14, 2004 to develop, build, maintain, and operate the State Highways, district or other local body roads, expressways, and government buildings in Madhya Pradesh. The MPRDC also developed and maintained National Highways in or passing through Madhya Pradesh on a contract basis.
The Madhya Pradesh Highways Act, 2004, repealing the 1936 Act, also reiterated the State’s role in the development, construction and maintenance of roads in the state, it noted.
Since the right to access any part of the country, with certain exceptions and restrictions under certain circumstances, was a fundamental right guaranteed under Article 19(1)(g) of the Constitution, and the right to safe, well-maintained, and motorable roads was recognised as a part of the right to life under Article 21 of the Constitution, it was the responsibility of the State to develop and maintain the roads directly under its control.
The top court of the country further denied the exclusive jurisdiction of the Madhya Pradesh Arbitration Tribunal established under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 to adjudicate disputes arising from works contract involving the State or its instrumentalities.