CENTRE OF INTEGRATED DEVELOPMENT Vs. STATE OF ORISSA

JUDGEMENT

(1.) Centre of Integrated Development and Research (hereinafter referred to as 'the petitioner') has sent a letter to the Honourable the Chief Justice of this Court, for a direction to the concerned authorities for providing necessary safeguard to life of the people of Orissa by ensuring good roads. It is stated that the roads have become so unusable that it is causing not only traffic hazards, but also adding to the cost of maintenance of vehicles, as due to bad roads damage is caused to the vehicles. Construction of new roads are not undertaken and on the other hand, existing roads are also not repaired regularly and properly.

(2.) THE learned counsel for State on instruction submitted that all necessary steps are being taken for maintenance of roads and for construction of new roads wherever and whenever necessity arises. This is the stand of Engineer -in -Chief of Public Works.

(3.) EVERY person is entitled to life as enjoined in Article 21 of the Constitution. Every person has right under Article 19(1)(d) of the Constitution to move freely throughout the territory of India and he has also the right under Article 21 to his life and that right embraces not only physical existence of life but the quality of life and access to road is access to life itself. These aspects are to be looked into in the background of Article 38(2) of the Constitution. In view of our constitutional imperatives there should be road for communication in reasonable conditions and denial of that right would be denial of the life as understood in its richness and fullness by the ambit of the Constitution. The State has constitutional obligation to provide roads for communication as far as feasible and possible. Public has a right of passage or access over foot -paths and pevements. The sweep of life as provided under Article 21 of the Constitution is wide and far -reaching. 'Life' as observed by Field, J. in Munn v. Illinios: (1877) 94 US 113, means something more than mere animal existence and the inhibition against the deprivation of life extends to all those limits and faculties by which life is enjoyed. (See : Kharak Singh v. State of U. P. : AIR 1963 SC 1295; and Oles Tellis and Ors. v. Bombay Municipal Corporation and Ors.: AIR 1986 SC 180). Foot -paths or pavements are public properties which are intended to serve the convenience of the general public. They are not laid for private purpose indeed their use for a private purpose may be the very object for which they are laid. Right to life as enshrined in Article 21 of the Constitution includes all those aspects of life which go to make a man's life meaningful, complete and worth -living.