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Cracks Down: No More Arbitrary Road Raises, Contractors Beware
In a strongly worded order on , a of the comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar directed Bihar's road authorities to strictly follow a new barring arbitrary elevation of road levels. Hearing filed by residents like Ashish Kumar, Birendra Kumar, and Rajeev Ranjan Kumar against the , the court emphasized accountability for contractors and engineers flouting guidelines, echoing a 2010 precedent to protect citizens from construction-induced hardships.
When Road Repairs Flood Homes: The Petitioners' Plight
The batch of — CWJC No. 18202 of 2022 , 7191 of 2023 , and 2924 of 2025 —stem from widespread complaints in Bihar about road reconstruction projects that jack up surface levels without removing old layers (milling). This "resurfacing without milling" practice, often a cost-cutting shortcut, has left shops and homes submerged during rains. Rainwater and sewage backflow into properties, damaging structures, spreading diseases, and creating steep ramps that block vehicle access. Petitioners argued that despite a 2010 court order and the recent SOP issued via Letter No. 386 ( ), deviations persist, with lax monitoring by engineers.
Defending the Status Quo: State's SOP Submission
Respondents, represented by , filed a from Under Secretary Vijay Kumar, detailing the SOP's key mandates: conduct typographical surveys noting road levels, plinths, and drainage; avoid unnecessary height hikes; provide drains to prevent waterlogging; use rigid pavements in markets; mill bituminous layers; build service roads; and prohibit arbitrary raises without approval. The affidavit stressed avoiding practices obstructing adjacent properties. Counsel for petitioners countered that enforcement remains weak, citing ongoing violations post-2010 directions.
Echoes of 2010: Reviving Precedent for Accountability
The bench drew heavily from its 2010 common order in and , which laid down "agreed suggestions" after consultations with department heads. Those included not disturbing existing raised roads but ensuring scientific drainage; piloting recycling methods to maintain heights; limiting new raises beyond plinth levels; empowering District Magistrates to act on complaints; and imposing contract rescission plus penalties on errant contractors. The current ruling reinforces these, holding engineers accountable alongside builders and mandating SOP inclusion in tenders.
Key Observations from the Bench
The court's oral order pulled no punches, quoting stark realities:
"There is no dispute that increasing the height of roads during repair or reconstruction, commonly known as resurfacing without milling, creates significant problems for residential and commercial infrastructure. This practice... leads to water-logging and accelerates structural damage to building."
"Contractors should scrape off the old, damaged layer (milling) before laying a new layer to maintain the original height."
"Whosoever breaches the SOP in any manner shall be held accountable... the concerned contractor deviating from the stipulation shall be visited with the order ofand face."
"The engineers who are supposed to monitor the work of the contractors shall also be held accountable, if deviation is made from the stipulation by the contractor."
These directives extend to , , , , and even , as noted in hearings.
A Roadmap to Relief: Directives and Watchful Eye
The
ordered full SOP adherence
"in its
,"
with boards at construction sites publicizing the ruling for resident awareness. District Magistrates must promptly investigate complaints of arbitrary raises, triggering expert action. On the next listing (
), the State must report complaints received and steps taken. Practical impacts? Expect milled roads, better drains, and fewer flooded homes—plus real teeth for penalties. This could reshape Bihar's infrastructure projects, prioritizing public convenience over shortcuts, and sets a template for other states grappling with urban road woes.
As one news summary aptly put it, the order signals: roads serve people, not swamp them.
