SANTOSH KUMAR SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Both the writ petitions involve a common question concerning the precarious condition of the Flyover Bridge at 6/400 km on Balasore By-Pass road in Balasore district, Odisha requiring structural rehabilitation. Accordingly, both the petitions are being disposed of by this common judgment.

(2.) Writ Petition (Civil) (PIL) No.2376 of 2021 has been filed by two residents of P.S. Sahadevakhunta, district Balasore as a Public Interest Litigation (PIL) seeking to ventilate the grievance of a large number of residents of Balasore aggrieved by the inaction of the authorities for structural repairing and rehabilitation of the aforementioned Flyover Bridge.

(3.) It is stated that the said Flyover Bridge was inaugurated on 14/4/1984. It is the only means of communication to several institutions located in and around Balasore. It connects the surface transport system to the neighbouring Mayurbhanj District bordering West Bengal as well as to the densely populated areas such as Baliapal, Bhograi, Jaleswar and Basta. According to the Petitioners, within a span of 36 years, due to poor or non-existent repair and maintenance work, the Flyover Bridge has become dilapidated, endangering human life and property. It is stated that on 24/11/2014 while a Senior Advocate Harish Chandra Mohanty and his son Advocate Pritisovan Mohanty were coming from the Court of the District Judge, Balasore after completion of their court work to the Bar Association hall a speeding bus fell down on them from the said fly over bridge as a result of which Advocate Harish Chandra Mohanty died on the spot and his son Pritisovan Mohanty though survived due to persistent efforts of the doctors but was rendered permanently immobile.