Introduction:
In a major decision the Supreme Court of India has ruled that access to safe, motorable and well maintained roads is a component of the fundamental right to life as enshrined in Article 21 of the Constitution. This case which was of a road development issue in Madhya Pradesh brought up key issues of government responsibility, citizens’ rights and dispute resolution in public infrastructure projects.
Background:
The company which is UPP Tollways Pvt. Ltd. entered into a concession agreement with the Madhya Pradesh Road Development Corporation (MPRDC) for development of a road in Madhya Pradesh. Due to what they deemed to be many delays, large cost overruns, and that the respondent did not live up to what was agreed upon, the company took to private arbitration which they had initiated after dropping their case out of the Madhya Pradesh Arbitration Tribunal which had given them no permission to do so. The High Court voided the arbitration which in turn saw the appellant take the matter to the Supreme Court.
Key Points:
Safe roads are a component of a dignified life which is what the Supreme Court has ruled and therefore are included under Article 21.
Access to all sections of the country is a constitutional right which is provided by Article 19(1)(g).
MPRDC a government owned company is charged with the responsibility of road development and maintenance as per the Madhya Pradesh Highways Act of 2004.
The Court held that private arbitration does not stand, out that in 1983 we put forward a specific solution for this issue.
It objected to the Appellant’s practice of forum shopping bringing a case in one court and then taking it out to another without legal cause and which it put forth as in bad faith.
Recent Development:
The Supreme Court did away with the private arbitration proceedings which were out of time.
Also it gave the appellant a chance to withdraw the withdrawn case before the Madhya Pradesh Arbitration Tribunal which he did within two weeks.
Conclusion:
This judgment puts forth the idea that while infrastructure and public safety are the responsibility of the government they are also fundamental citizen rights as per the Constitution. The ruling which also looks at Article 21 in great detail reports the State’s accountability and at the same also that which parties must follow in public contracts. It is a large step forward in the which we see the growth of citizen rights and also in the upholding of rule of law in public contract and infrastructure issues.
“PRIME LEGAL is a full-service law firm that has won a National Award and has over 20 years of experience in various sectors and practice areas. PrimeLegall falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
WRITTEN BY AYUSHI TRIVEDI
