Rising Roads, Rising Concerns: Hon’ble Patna High Court Issues Strong Directions on Road Construction
In a significant development addressing a recurring urban infrastructure issue, the Hon’ble Patna High Court has passed a detailed order in Civil Writ Jurisdiction Case No. 18202 of 2022 along with analogous matters (order dated 27 April 2026), focusing on the arbitrary raising of road levels and its adverse impact on citizens. The Bench comprising the Hon’ble Chief Justice and Hon’ble Mr. Justice Harish Kumar, before whom Advocate Raghvendra Kumar appeared and argued the matter on behalf of the petitioner in CWJC No. 18202 of 2022, underscored the need for scientific road construction practices, administrative accountability, and greater citizen awareness.
A notable feature of the order is the emphasis on public awareness and participation. The Court has directed that in areas where road construction or upgradation work is ongoing, information regarding the Court’s order must be displayed prominently. This direction is aimed at ensuring that residents are made aware of their rights and are able to report any irregularities or violations directly to the District Administration. The Court has further clarified that if any person is aggrieved due to the arbitrary elevation of road levels, they are at liberty to approach the District Magistrate, who is expected to examine such complaints promptly and take appropriate action.
The issue before the Court relates to a widespread but often overlooked problem arising from resurfacing of roads without removing existing layers, commonly known as milling. This practice gradually increases the height of roads beyond the plinth level of adjoining buildings. The Court took note of the serious consequences of such unscientific methods, including persistent waterlogging, structural damage to residential and commercial buildings due to backflow of rainwater and sewage, and difficulty in accessing properties as the road level rises over time. It observed that such practices are often adopted to reduce costs, but ultimately impose a significant burden on the public.
While considering the matter, the Court examined the Standard Operating Procedure (SOP) issued by the Road Construction Department, Government of Bihar, and emphasized that it must be followed strictly in both letter and spirit. The SOP requires detailed topographical surveys prior to construction, avoidance of unnecessary increase in road height, provision of adequate drainage systems, and mandatory milling of existing bituminous layers before relaying new ones. It also mandates that construction activities must not obstruct access to adjoining properties and that appropriate techniques should be adopted in congested areas. The Court made it clear that arbitrary raising of road levels without proper approval is impermissible.
The Court also reiterated its earlier directions issued in 2010 in similar matters, emphasizing strict accountability. It held that contractors who deviate from prescribed norms would be liable for rescission of contracts and may face penal consequences. At the same time, engineers and officials responsible for supervising such works would also be held accountable for any lapse in monitoring or enforcement. The Court further directed that these conditions must be clearly incorporated in contractual agreements to ensure compliance.
Importantly, the Court has assigned a pivotal role to the District Magistrate or Collector as the primary authority for grievance redressal in such matters. Any complaint regarding improper road construction or unjustified increase in road height is required to be examined with promptness, and necessary corrective steps must be taken in consultation with technical experts wherever required.
This order is particularly significant as it seeks to balance infrastructure development with the protection of citizens’ rights and urban livability. It reinforces that development activities must adhere to established engineering standards and should not result in inconvenience or hardship to the public. By mandating transparency, accountability, and citizen participation, the Court has laid down a framework for more responsible and sustainable urban development.
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