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Mandamus for public road construction.

(Querist) 22 September 2023 This query is : Resolved 

The public road connecting our plot of land is in such a bad situation, due to heavy trucks plying over it, that it's risky and very difficult to drive one's car over it during the rainy season. After contacting the local authorities to ask for proper construction of the road, they replied that the money they have for works is not sanctioned for road construction at the moment. What legal remedy do we have for that? Can we file a Mandamus petition before the High Court to get the road constructed? Thanks in advance.
Sudhir Kumar, Advocate (Expert) 22 September 2023
T. Kalaiselvan, Advocate (Expert) 22 September 2023
Roads in India come under the jurisdiction of local municipalities/ corporations / gram panchayat. Then write RTI application seeking the actions initiated by the commissioner to resolve your complaint.
General damages can be claimed only if the plaintiff can prove that the damage caused to him is due to the bad condition of the road.
You can file a writ petition under article 227 of the constitution seeking the relief
kavksatyanarayana (Expert) 22 September 2023
Everywhere in our states most roads are in very bad conditions and when rain falls it is very difficult to drive on the roads. You can complain about this to the concerned Mpl/Corpn/GP authorities and ask what action they have taken on your complaint. But funds are not being sanctioned by the state governments to the Mpl/Corpn/GP for repairing roads. File a case against the concerned if you have any loss.

Dr. J C Vashista (Expert) 23 September 2023
Local self-government (national, state government, municipality , notified area committee, cantonment board, panchayat etc,) are liable to maintain road, if you have approached concerned authority you may file a petition for issuance of writ of mandamus under Article 226 of the Constitution of India, through a local prudent lawyer.
P. Venu (Expert) 29 September 2023
Yes, you can file a Writ Petition. The cause would be better served if all the affected persons file a joint petition.

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