Cement Road Design Flawed, Disregards Disabled, Dhantoli Residents Tell HC

Nagpur: In a plea before the Nagpur bench of Bombay high court, the Dhantoli Nagrik Mandal on Thursday accused Nagpur Municipal Corporation (NMC) of disregarding fundamental engineering protocols and statutory rights in its ongoing cement road construction across their locality.

In its latest application in the ongoing PIL, the petitioner society comprising Dhantoli residents sought immediate disclosure of drainage and elevation specifications, alleging that the civic body's infrastructure decisions could exacerbate flooding and violate disability access rights.

The petition, filed through counsel Ashwin Deshpande, references a previous order passed by the HC on April 4, which had instructed the NMC to furnish infrastructure particulars for the cement roads already built and those under construction. However, the petitioner asserts the response from the civic body has lacked technical precision and transparency.

To independently assess the status on-site, the petitioner consulted noted architect Paramjit Singh Ahuja — who also serves as the technical member of the Joint Inspection Committee appointed by the court. Ahuja inspected the sites on April 7 and 10, subsequently submitting a report highlighting numerous deficiencies, including drainage planning incongruent with adjoining property levels. The report, appended to the application, indicates a disparity between NMC's assurances and the ground reality, which the architect has termed as an "eyewash".

A division bench comprising justices Nitin Sambre and Vrushali Joshi directed the NMC counsel to file a reply and instructed its executive engineer to consult with Ahuja to implement corrective measures before completing remaining cement roads in Dhantoli.

The PIL emphasises that improper planning of stormwater drain inlet levels and elevated road crowns could trigger waterlogging and render adjacent properties susceptible during monsoons. The petitioners had sought the court's directives to NMC to produce detailed drawings showing the invert levels of drainage systems in relation to plot levels, crown heights of roads, and design specifications of pits meant to connect homes to flood lines.

The application also raises a crucial rights issue under Section 41(1)(c) of the Rights of Persons with Disabilities Act, 2016. Many residential and commercial properties adjacent to newly elevated cement roads now lack adequate space to construct access ramps, effectively impeding mobility for persons with disabilities. "The state is bound to ensure accessible roads for all, and any elevation project must consider these obligations. Accessibility is not an afterthought — it's a legal right," it states.

The society has also challenged the NMC's claim that any flaws in the infrastructure would only become apparent after prolonged use. "This post-facto logic is not just technically unsound but perilous in public infrastructure. Design must be preventative, not reactive," the application notes.