Kerala High Court
Suo Motu vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 30062 OF 2022
PETITIONERS:
SUO MOTU
RESPONDENTS:
1 STATE OF KERALA
RESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
2 THE SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA,2ND FLOOR,
SOUTH BLOCK, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
3 THE PRINCIPAL SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT, GOVERNMENT OF KERALA,
391,1ST FLOOR, MAIN BLOCK, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001
4 THE KERALA ROAD SAFETY AUTHORITY
REP.BY ITS CHIEF EXECUTIVE OFFICER,
4TH FLOOR, TRANS TOWER,DPI,VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014
OTHER PRESENT:
K P HARISH SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).30062/2022
2
C.R.
JUDGMENT
Dated this the 13th day of April, 2023
S. Manikumar, CJ.
Instant writ petition is initiated suo motu by this Court to
prevent the death of pedestrians due to lack of footpaths and over
speeding of Tipper Lorries.
2. When the matter came up for hearing, on behalf of
Secretary, Public Works Department/respondent No.2, it is
submitted that footpath is being provided in the major portions
under the Safe Corridor projects implemented through KSTP wing of
Public Works Department and funds are obtained from KIIFB and
directions have been given for taking steps to provide footpath
under the caption "Operation Footpath".
3. Principal Secretary to the Government, Transport
Department, Thiruvananthapuram/respondent No.3 submitted that
steps have already been initiated by the Motor Vehicle Department
as regards the road safety ie., identification of accident black spot
and rectification, identification of critical roads stretches for urgent
action and the awareness program in schools and other places.
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4. Even though respondent No.2 has filed a statement dated
02.11.2022, setting out the number of the footpaths ie., 128630, the
areas where steps are taken to provide footpath, viz., ongoing
projects in various Districts, the details relating to the fund allocated
and time for completion of the work, were not furnished. So also,
though details of the proposed footpath in various Districts,
numbering 86781, is mentioned in the tabular column, in the
statement, the areas where the proposed footpaths are sought to be
provided, fund required to be allocated and the time for completion
of the finalisation of the proposals were not stated specifically.
5. Accordingly, the Secretary to the Government, Public Works
Department, Thiruvananthapuram/respondent No.2 has filed details
of on going and proposed footpath works in the State Highways and
Major Districts Roads and the time for completion of the same.
6. In the additional statement filed on behalf of the 2 nd
respondent dated 4.3.2023, it is stated that construction proposed to
provide footpath can only be taken up depending upon the
availability of funds through budget provision.
7. Having gone through the additional statement dated
4.3.2023, filed by the Chief Engineer, PWD Roads,
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Thiruvananthapuram, we directed the Principal Secretary to the
Government, Transport Department, Thiruvananthapuram -
respondent No.3, to submit the details of the budgetary allocation
for the last five years for providing footpath, as well as the details of
the proposals received from the PWD Roads, for providing footpaths
in various areas furnished in the table submitted along with the
statement.
8. On 4.4.2023, we passed the following order:
"On 06.03.2023, we passed an order indicating that unless
and until there is availability of funds for the construction of the
proposed pathway, nothing can be done. In this day, when the
matter came up for hearing, on the basis of the averments made in
the statement dated 01.04.2023, filed on behalf of the Secretary to
Government, Transport Department, Government Secretariat,
Thiruvananthapuram, Mr.K.P.Harish, learned Senior Government
Pleader made submissions.
"5. Extract of the Kerala Road Safety Authority act and Rules 2007
are furnished below:
"Any amount transferred to the Fund shall be charged on the
Consolidated Fund of the State.
Establishment of the Fund (1) After the constitution of the
Authority, within one year, there shall be established a Fund to be
called the Kerala Road Safety Fund.
These shall be credited to the Fund
(a) the amount transferred under sub-section (6) of section 10;
(Road safety cess) 1
(b) grants, loans or advances made by the Government;
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(c) grants. loans or advances made by the Government of India;
(d) contributions from public or private institutions of
organisations:
(e) compounding fee collected under section 28.
The Government shall contribute to the Fund every year, an
amount equal to fifty per cent of the compounding fee collected in
the previous year under section 200 of the Motor Vehicles Act,
1988 (Central Act 59 of 1988)
Utilisation of the Fund- The fund shall be utilised for all or any of
the following purposes, namely:
(a) road safety programmes;
(b) awareness programme in respect of road safety:
(c) purchases of equipments connected with road safety:
(d) funding of approved studies on projects and research regarding
road safety:
(e) trauma-care programmes and related activities;
(f) administrative expenses of the Authority;
(g) expenditure on matters connected with road safety, as the
Authority may deem fit; and
(h) any other purpose as may be prescribed.
6. The details of projects for which funds sanctioned by Kerala Road
Safety Authority to Public Works Department for construction of
road safety works including pedestrian facilities is furnished as
follows:-
School Zone Improvement
This project aims at making the school zone safe. The main
components of school zone treatment are construction of path for
safe walking, providing handrails for footpaths, providing zebra
crossing, marking and stop lines, installing mandatory and
cautionary sign boards, providing rumble strips for traffic calming.
In first phase, 50 schools across the state are selected for
improvement. School zone improvement is complete in 16 schools
and project is under implementation in remaining schools.
W.P(C).30062/2022
Black Spot Management
The improvement measures suggested for various black
spots comprise of the following engineering measures to minimize
the number of crashes at selected black spots.
(a) Road markings and road studs;
(b) Road signs:
(c)Short term visibility enhancement measures; (d) Speed
calming engineering measures;
(e) Pedestrian crosswalks/walkways:
(f) Road barriers & delineators;
(g) Street lighting:
(h) Pavement and Shoulder Treatment.
Details of funds allotted to Public Works Department
Year Proposal Amount released KRSA mmeting
2018- Improvement of 6 crore (1 crore on 28th KRSA
19& black spot 21.12.2018 & 5 meeting dated
2019-20 during the year crore on 20.01.2016
2015-16 21.09.2019)
2020-21 School Zone 5,45,94,050/- 43rd KRSA
{2,73,00,000/- on meeting dated
Improvement
12.02.2021 & 08.01.2021 &
2,72,94,050/- on 44th KRSA
15.09.2021} meeting dated
14.07.2021
Total amount released 11.45 crores
Details of funds approved but not allocated due to pending
utility certificates
Year Proposal Amount approved KRSA meeting
2023 Improvement 23.5 crore 44th KRSA
of black spot {pending for meeting
during the year release for want dated
2019 of UC for already 14.07.2021 &
released amount} 45th KRSA
meeting
dated
09.03.2022
W.P(C).30062/2022
As far as the additional statement filed by PWD, listing out
the details of foot path work and the proposed foot paths, are
concerned, four among them listed below are funded by KRSA:
1. Chadayamangalam section: Parippalli-Madathara Road.
(work in progress)
2. Government UPS Manganam in SH 9 under roads section.
Kottayam. (Pending as demarcation of boundary has not yet
been done).
3. Government HSS Perumbavoor and Anitha Vidyalaya HSS,
Kalady(work completed).
4. Guruvayoor Althara Ponnani Road, Chavakkadu Section
(submitted for technical sanction)."
2. That apart, on the basis of the further instructions
dated 04.04.2022 from the Office of the Chief Engineer (Roads),
Thiruvananthapuram, Mr.K.P.Harish, learned Senior Government
Pleader further submitted that there are certain proposals for
providing footpath to the PWD roads, for which funds have to be
allocated from the Government. In that respect, funds which
have been allocated already for providing footpaths in many
divisions, in some cases works are completed and in another
places, works are in progress. Details of the proposal for
providing footpath in PWD roads and the details of the footpath
provided allocation are furnished.
3. Mr.K.P.Harish, learned Senior Government Pleader
submitted that he would get further instructions regarding
allocation of funds for the proposals for providing footpath in
PWD roads.
W.P(C).30062/2022
Post on 11.04.2023."
9. On this day, when the matter came up for further hearing,
pursuant to the directions of this Court dated 06.03.2023, Mr. K. P.
Harish, learned Senior Government Pleader, referring to the
instructions dated 12.04.2023 obtained from the Chief Engineer,
Public Works Department, Thiruvananthapuram, submitted that the
budgetary allocation for roads wing under PWD is coming under two
separate heads, one for improvement of State Highway (SH) and
another for improvement of Major District Roads (MDR). No separate
budget allocation is provided for the construction of footpath alone
in the budget and so the construction of footpaths at necessary
locations are being carried out along with the fund provided for the
improvement of SH and MDR in the respective budget heads for each
financial year. Other than the mentioned provision in the budget,
Kerala Road Safety Authority (KRSA) funds provided for school zone
improvement are also being utilized for the construction of
footpaths. He has produced the details of budgetary allocation for
the last five years for providing footpath, as hereunder:
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10. Referring to the instructions dated 04.04.2022 obtained
from the Chief Engineer, Public Words Department,
W.P(C).30062/2022
Thiruvananthapuram, learned Senior Government Pleader further
submitted that no separate funds are earmarked exclusively for the
construction of footpath in the budget. He also submitted that the
construction of footpath is usually carried out along with the
improvement works in that portion of the road.
11. As per the instructions received, learned Senior
Government Pleader further submitted that while considering the
new proposal for improvement works, provision for footpath
construction are included if land is available. Proposals received for
providing footpaths in the PWD roads can be taken up only when the
budgetary provision for the improvement works or resurfacing works
are allotted.
12. In this context, he has produced the details of the footpaths
provided as a part of the improvement works in the P.W.D. roads and
the proposals to be implemented (based on the budget allocation),
which are extracted hereunder.
W.P(C).30062/2022
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13. Learned Senior Government Pleader has also produced the
details of fund to be allocated for each District for the construction
of footpath, as hereunder:
Sl. No. DISTRICT AMOUNT
1 Thiruvananthapuram 7,50,00,000
2 Kollam 2,60,00,000
3 Pathanamthitta 2,50,00,000
4 Kottayam 5,25,00,000
5 Alappuzha 1,57,70,000
6 Idukki 3,50,00,000
7 Ernakulam 26,39,60,000
8 Thrissur 14,78,00,000
W.P(C).30062/2022
9 Palakkad 6,23,00,000
10 Malappuram 8,50,00,000
11 Kozhikode 14,50,00,000
12 Wayanad 77,00,000
13 Kannur 2,65,00,000
14 Kasaragod 50,00,000
Total 97,25,30,000
14. Placing on record the above, we direct the State of Kerala,
represented by the Chief Secretary, Government of Kerala
Thiruvananthapuram; the Secretary to the Government, Public Works
Department, Government of Kerala, Thiruvananthapuram; the
Principal Secretary to the Government, Transport Department,
Government of Kerala, Thiruvananthapuram; and the Kerala Road
Safety Authority, represented by its Chief Executive Officer,
Vazhuthacaud Thiruvananthapuram, respondents 1 to 4 respectively,
to make sufficient budgetary allocation for laying roads with
footpaths, as expeditiously as possible, and in particular, giving due
consideration to the accident prone and other areas, where
immediate attention is required.
With the above directions, writ petition is disposed of.
Registry is directed to post the matter after four months for
W.P(C).30062/2022
submission of the report.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S. Manikumar,
Chief Justice
Sd/-
Murali Purushothaman,
Judge
sou. xxxx
W.P(C).30062/2022
APPENDIX OF WP(C) 30062/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 ORDER OF THE HON'BLE CHIEF JUSTICE DTD.
14.9.2022 DIRECTING REGISTRY TO INITIATE
A WRIT PETITION
EXHIBIT P2 PETITION RECEIVED FROM SRI. SAINUL ABID
AND ITS ENGLISH TRANSLATION
EXHIBIT P3 PHOTOGRAPHS SUBMITTED BY THE PETITIONER
RESPONDENT ANNEXURES
ANNEXURE R3(A) THE TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE LAY AND NATURE OF THE ROAD
ANNEXURE R3 (B) THE LETTER DATED 21.10.2022 ISSUED BY
JOINT REGIONAL TRANSPORT OFFICER,
KODUVALLY TO THE ASSISTANT EXECUTIVE
ENGINEER, NATIONAL HIGHWAYS, KODUVALLY
ANNEXURE R3 (C) G.O.(P)NO.20/2014/TRAN. DATED
28.02.2014.
ANNEXURE R3 (D) G.O.(RT)NO. 256/2018/TRANS DATED
05.06.2018 AND ITS ENGLISH TRANSLATION
ANNEXURE R3 (E) TRUE COPY OF THE LETTER NO.A1/600/2014-
VOL 9/KRSA DATED 24.08.2022 ISSUED BY
THE ROAD SAFETY COMMISSIONER
ANNEXURE R3 (F) TRUE COPY OF THE LETTER
NO.A2/677/KRSA/2020 DATED 03.09.2021
ISSUED BY THE ROAD SAFETY
COMMISSIONER,KERALA
ANNEXURE R3(G) TRUE COPY OF THE LETTER NO.
A2/677/KRSA/2020 DATED 05.05.2021SSUED
BY THE ROAD SAFETY COMMISSIONER, KERALA
ANNEXTURE R2(A) TRUE COPY OF THE DETAILS OF FOOTPATHS IN
ONGOING AND PROPOSED PROJECTS
W.P(C).30062/2022
ANNEXURE R2(B) THE TRUE COPY OF THE STATUS REPORT AS
REGARD TO THE WORKS ALREADY UNDERTAKEN
AND THE DETAILS OF FINALIZATION OF THE
PROPOSALS
ANNEXURE R4(A) A TRUE COPY OF THE LIST OF SCHOOL ZONE
IDENTIFIED FOR IMPROVEMENT
