B KRISHNA BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) IN Writ Petition No. 3846/2007, the petitioner has prayed for a writ of mandamus directing the respondent Nos. 1 to 3 i. e. , Union of India, ministry of Road Transport and Highway, government of Karnataka, P. W. D. and National Highway Authority of India to attend the repair work of National Highway No. 48 (N. H. 48) between Sakaleshapura and uppinangadi.

(2.) IN Writ Petition No. 16805/2007 the petitioner has prayed for- (i) a writ of mandamus directing the respondent Nos. 1 to 4 to carry out the repair and maintenance work of n. H. 48 particularly between Sakaleshapura and B. C. Road within a fixed time period of 31-3-2008 by concerning the Ghat section, (ii)to constitute an Expert Committee consisting of specialists from Indian Institute of Science, bangalore, qualified Civil Engineers and Legal Luminaries so as to monitor the repairing work and to give suggestions to the NHAI to implement the above said work in a proper manner in a full swing, and (iii) to issue direction to the State and Central Government not to collect motor vehicle tax or any other fees from the above said road users till the repair work is fully completed.

(3.) THE common grievance in these Public interest Litigations is that the road connecting Sakaleshapur with Uppinangadi for about 40 kilometers passing through Shiradi Ghat sector of the Western Ghats has become unfit for travelling and therefore the State Transport Undertaking, realising the damage to its vehicles by plying on this route, has switched over to a circuitous route passing through mercara in Kodagu District. Similarly, the road connecting Surathkal with Kundapur was equally bad; but the same has now been made motorable. According to the petitioners, due to continuous flow of traffic, the condition of the road is worsening day by day; and as a result, the public at large is put to irreparable loss and hardship. It is emphasised that the respondents having collected road tax under the provisions of the Karnataka Motor Vehicles Taxation Act, is under a statutory obligation to maintain the roads in a motorable condition.