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The Legal Affair

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The Legal Affair

Let's talk Law

Karnataka High Court Questions Scientific Merit of White Topping Roads in Bengaluru

Karnataka High Court Questions Scientific Merit of White Topping Roads in Bengaluru

Introduction:

The Karnataka High Court, in a recent hearing on January 16, 2025, directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to respond to concerns regarding the scientific justification for white topping roads in Bengaluru. The case, filed by Vijayan Menon in 2015, initially aimed at addressing the pothole-ridden roads and encroachments on stormwater drains. The petition sought action to improve road conditions and drainage systems in Bengaluru. The division bench, consisting of Chief Justice N V Anajaria and Justice M I Arun, raised a crucial point on the feasibility and scientific validity of the white topping method adopted by BBMP, which is being increasingly used as a solution for road resurfacing in the city.

During the hearing, Justice Arun pointed out that various reports have questioned the effectiveness of white topping in comparison to traditional tar roads. The judge emphasized the importance of allowing water seepage and ventilation, something that tar roads are more conducive to. The counsel for BBMP responded by assuring the court that they would provide a detailed explanation on the matter by the next hearing. This inquiry comes after repeated issues with potholes and the general degradation of roads in Bengaluru, especially during monsoon seasons when the city’s infrastructure faces increased pressure.

Arguments of Both Sides:

Vijayan Menon, the petitioner, emphasized the pressing need for filling potholes on major and arterial roads and urged the court to take action on the continuous encroachments impacting stormwater drains. He argued that the state of the roads, particularly the damage caused by potholes, has been a chronic issue exacerbated by the monsoons, and there needs to be long-term planning for road repairs and drainage solutions in Bengaluru. He pointed out that while certain areas of the city have benefitted from the white topping initiative, it might not be the most scientifically sound approach to address road degradation in the long term.

On the other hand, the counsel for BBMP defended the white topping technique, arguing that it was being adopted as a solution to improve road conditions in Bengaluru. However, the BBMP counsel did not provide a detailed justification during the hearing, which led to the bench questioning the method’s scientific validity. When queried by the bench regarding the regularity of pothole repairs, the BBMP counsel could not provide satisfactory answers, further prompting the court’s inquiries into whether these repairs were being done periodically or merely in response to public interest litigations.

Court’s Judgment:

The Karnataka High Court, recognizing the ongoing issues related to road repairs and drainage management in Bengaluru, directed BBMP to respond to the concerns raised about the scientific justification for the white topping method. The bench specifically sought an explanation of how this method compares with other road surfacing techniques and whether it is the most appropriate solution, considering factors such as water seepage and longevity.

Justice M I Arun noted that while white topping has been touted as an improvement to Bengaluru’s roads, there is no clear evidence that it addresses the underlying issues of water seepage and drainage. He emphasized that the city’s roads must be evaluated from a broader environmental and structural perspective, rather than focusing solely on aesthetics or short-term durability. The court also questioned whether BBMP has been conducting regular maintenance of roads or if it only takes action when monsoons or public interest litigations create urgency.

In response to these queries, BBMP has been asked to submit its findings and justification for white topping by the next hearing, scheduled for February 20. This case raises important questions regarding the adequacy of current infrastructure solutions in Bengaluru and the need for a more sustainable approach to urban planning and road maintenance.