The deplorable condition of Nagaland state’s second busiest highway, the Mokokchung-Mariani Road (NH 702D) has been the cause of ire for the people of the region for far too long. The road, which was under the Border Roads Organization till 2016, was transferred to the state’s National Highways department and was declared NH 702D but the road’s condition never improved. The Ministry of Road Transport and Highways notified it as a national highway in May 2014. Hitherto, the road was under Project Sewak of the Border Roads Organization (BRO), raised in 1961 primarily for the development of roads in Naga Hills and Tuensang areas. The road was transferred to the state NH Department and declared as the NH 702D in April 2016 but the BRO maintained the road till September 2016 during the transition period. The 85km road stretch is the lifeline of Mokokchung and neighboring districts like Tuensang and Zunheboto. The road was classified as a “class 9 road” under the BRO with a carrying tonnage of 9 tons. The road has not been upgraded since it was first built while traffic and tonnage has increased over the years.
The appalling road condition of NH 702D has been an issue for several years with various civil society organizations, mass based organizations and concerned citizens raising their complaints as well as the district administration writing several memos to the state government on the matter. With no positive response from the government forthcoming, a number of groups and organizations have over the years voluntarily repaired the road while others have resorted to methods to mount pressure on the government. Yet, the road never saw any major development and here we are again today – truck drivers refusing to ply on the road citing life threatening risks. We all know how precarious the road is and how many lives have been lost in avoidable accidents because of the poor condition of the road. We also know the economic losses caused by the pathetic condition of the road.
It is apparently clear that the road is not going to improve so long as we employ the same old method of begging the government to repair it. Therefore, we should take the legal course this time. In 2015, the Bombay High Court held that citizens have a fundamental right to good roads and that it is the state government’s statutory obligation to provide good roads. In an order on a PIL highlighting the poor conditions of roads, the court ruled that it is high time that all concerned clearly understand that the right to have properly maintained roads is a part of fundamental rights guaranteed by Article 21 of the Constitution of India. The court even said that in the event any loss is caused due to its violation, the citizens have a right to seek compensation. The court even ruled that the authorities’ excuse that the roads are bad due to heavy monsoon cannot be accepted. The people of the region have tried all means at their disposal to persuade the government to maintain NH 702D but in vain. The only option now left is to file a PIL in the court of law.