Arbitrary Road Level Raises Without Adhering to SOPs Will Face Penalties, Including Contract Rescission and Accountability Measures
In a landmark decision by the Patna High Court, the practice of arbitrary raising of road levels during construction or repair without adhering to Standard Operating Procedures (SOP) has been addressed with strict directives aimed at preventing waterlogging, property damage, and inconvenience to residents. This decision comes as a response to the grievances of petitioners in the case of Ashish Kumar v. State of Bihar, highlighting the detrimental effects of unscientifically elevated roads.
Presided over by Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar, the Court articulated that the Road Construction Department's SOP mandates detailed surveys, adequate drainage systems, and strict adherence to engineering standards to prevent adverse effects on residential and commercial infrastructure. The judgment underscores that deviations from these SOPs will result in serious consequences, including the rescission of contracts and accountability measures for supervising engineers.
The SOP, formulated under Letter No. 386 dated 19.01.2026, requires contractors to conduct comprehensive typographical surveys and avoid unnecessary elevation of road levels. Adequate drainage facilities must be provided to prevent waterlogging, which can lead to structural damage and health hazards due to reverse water flow into properties. The ruling emphasizes the importance of milling existing bituminous layers before laying new ones, ensuring service roads with integrated drains, and utilizing scientifically sound materials and methods.
The judgment follows previous orders from the Court, where similar issues were addressed, emphasizing collaboration among the Road Construction Department, Urban Development Department, Public Works Department, and Municipal Corporation. These bodies are instructed to work harmoniously to develop pilot projects that incorporate advanced recycling methods to maintain road height integrity.
Importantly, the District Magistrate is tasked with promptly addressing public complaints regarding road height deviations, ensuring accountability and transparency in road construction processes. Boards will be displayed at construction sites to inform residents and provide a mechanism for reporting violations.
The Court's decision reflects a commitment to public safety and infrastructure integrity, holding contractors and supervising engineers accountable for SOP compliance. The next hearing is scheduled for 19.06.2026, where the State's counsel will update the Court on complaints received and actions taken.
Bottom line:-
Arbitrary raising of road levels during construction or repair without adhering to Standard Operating Procedures (SOP) causes waterlogging, property damage, and inconvenience to residents. Authorities and contractors must strictly comply with SOP guidelines, and violations should result in penalties, including contract rescission.
Statutory provision(s): SOP by Road Construction Department, Bihar, Contract Rescission, Public Accountability Measures
Ashish Kumar v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2891873
