'Shortage of funds cannot be an excuse': Meghalaya HC seeks State's reply on comprehensive plan for main road access to all areas
The court was dealing with a PIL pertaining to the repair work of NH 6 after all the damage caused to it during the monsoon season.
The Meghalaya High Court recently directed the State Government to reply as to whether there is a comprehensive plan for increasing the existing road network in the State.
The bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed that "there are several areas in the State, including places as close as within 40 km of Shillong where villagers do not have access to main roads and the situation is worse in some of the western districts, particularly in the South Garo Hills District."
Therefore, stressing that with medical and other facilities concentrated around the two major cities of Shillong and Tura in the State, the court held the State administration should ensure that access is available from every part of the State so that emergency and other vehicles can reach from the remote areas to either major city.
Moreover, while stating that though substantial funds would be necessary for providing main road access to the resident of the remote areas, court stressed that "however, in this day and age, shortage of funds cannot be an excuse for not providing such a basic right to the citizens".
Court observed that "the need to build and maintain roads in a hilly terrain cannot be over-emphasised as it provides basic access to citizens and has to be regarded as an adjunct to the right under Article 21 of the Constitution".
The court was dealing with a Public Interest Litigation pertaining to the repair work of National Highway 6 in the Jaintia Hills region. On September 29, the National Highways Authority of India (NHAI) informed the court that all the damage caused to NH 6 during the monsoon season would be repaired by November 15, 2022.
However, the petitioner contended that a petition has to be carried to the court every year for roads to be repaired immediately after the monsoon season.
Taking note of the same, the court observed that since Meghalaya receives probably the highest rainfall in the world and roads take a heavy beating over the monsoon, the State, NHAI, and other concerned authorities must be alive to this problem so that there is a plan already in place to undertake immediate repair-works in the event of landslides.
Court said that the State, NHAI and other concerned authorities should keep this in mind and plan out their activities so that access is not impeded at any time.
Court has asked the State Government to file its reply on October 28, 2022. i.e next date of the hearing in the instant PIL.
Case Title: Kynjaimon Amse vs National Highway Authority of India (NHAI) & ors