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Declares Roads Are Lifeline Under Article 21, Slams CMC Over Inaction
The has delivered a strong rebuke to the and state authorities over the persistent poor condition of roads in the millennium city. A division bench of Justice K.R. Mohapatra and Justice V. Narasingh, hearing a , declared that a road is a constitutional lifeline under Articles 19(1)(d) and 21, not mere tar and stone.
'' Since 2024
The court traced the issue to
, when it first directed immediate repairs across 15 wards. Since then, the case has been bogged down by repeated orders, missed deadlines, and what the bench described as
"
on the ground."
By
, it noted a "
" between the CMC and the
, with each shifting blame for road maintenance.
Despite a CMC commissioner's assurance that all works would be completed by the end of
—after an earlier missed target of Durga Puja—the bench found in
that roads had
"deteriorated with alarming alacrity, suggesting shoddy work and lack of supervision."
The court ordered the incorporation of
in contracts to hold contractors accountable.
A Constitutional Principle
In its latest order dated , the bench sharply observed:
"A road is not mere tar and stone. It's a lifeline under Article 19(1)(d) read with Article 21 of the ."
It noted that compliance affidavits have not produced motorable roads, and the city remains trapped in a
"agonising cycle of pot holes‑repairs‑onset of monsoon and again pot holes,"
comparing the situation to Shakespeare's
King Lear
.
Officials Summoned, Assurances Questioned
Senior bureaucrats, including Additional Chief Secretary Usha Padhee and CMC Commissioner Kirandeep Kaur Sahota, appeared virtually. Padhee assured the court of a comprehensive plan and a Detailed Project Report for storm‑water drainage. The submitted a special proposal for road repairs under the , along with a timeline of seven days to file a .
However, the court expressed difficulty accepting the CMC’s claim that 70 per cent of arterial roads are in good condition, given the input from the . The bench directed the committee to visit its respective wards and submit a ground report within a fortnight.
Failure of Accountability
The court had previously flagged that a list of roads to be repaired was "conspicuously not annexed" to the CMC’s affidavit, calling even that omission
"a
."
It reiterated that contractors must be held liable, and that streets should be made with help from the .
Beyond Roads: Park and Traffic Congestion
The judgment also addressed the sorry state of Biju Pattnaik Park. A late‑evening inspection by the Registrar (Judicial) revealed non‑functioning fountains, damaged jogging tracks, waterlogging, and inadequate lighting and CCTV coverage. The bench asked the and civic authorities to file an action plan.
Separately, the court directed the Collector of Cuttack to physically appear on to address traffic congestion, after an earlier adjournment.
A Cautious Note of Hope
Adopting a literary metaphor, the bench wrote:
"Kafka wrote in The Castle, 'there is infinite hope but not for us'. We persuade ourselves to disagree with sanguine trust that assurance of the executive under the leadership of no less than Ms. Usha Padhee… will fructify and visible changes will be seen and felt on the streets of this millennium city and not confined only to the series of affidavits/compliances."
The matter is posted for further hearing on , with the court making it clear that paper compliance will no longer suffice and that real, visible improvement is now the only acceptable outcome.
