Access to safe and well maintained roads a part of right to life under Article 21 : Supreme Court

Case Name: UMRI Pooph Pratappur (UPP) Tollways PVT. LTD. Versus M.P. Road Development Corporation (MPRDC) And Another.

The Supreme Court recently, clarified that access to safe, motorable and well maintained road is an essential part of fundamental right under article 21 i.e. Right to life and Personal Liberty under the Constitution.

The constitution Of India has given the power to the Supreme Court under Article 32 to render constitutional remedies. Whereas in the Present Case the Supreme Court explained that a private organisation providing Public Service shall be considered as a “State” under Article 12 of the constitution.

The judgment was based on an appeal filed by Umri Pooph Pratappur (UPP) Tollways Private Limited against the Madhya Pradesh Road Development Corporation Limited (MPRDC).

Safe and well‑maintained roads are part of the fundamental Right to Life under Article 21.

Factual Background of the Case:

In 2012, Umri Pooph Pratappur Tollways Private Limited signed a concession agreement with the Madhya Pradesh Road Development Corporation (MPRDC), a government-owned organization, for the enhancement of the Umari-Pooph-Pratappur Road. The project, estimated at ₹73.68 crores, utilized a Build-Operate-Transfer (BOT) framework. A security performance of ₹3.68 crores was provided, and the work started on 20th June 2012. Delays occurred when a new Independent Engineer dismissed previously approved designs, resulting in rework and increasing the cost to ₹99.80 crores.

The firm submitted 19 claims amounting to ₹280.15 crores for losses and additional work, with the majority being denied. It submitted a case to the State Arbitration Tribunal while concurrently starting private arbitration under the national Arbitration Act.

MPRDC contested this dual approach, referencing the sole authority of the State Tribunal under the 1983 Act. The High Court concurred, nullifying the private arbitration and leading to the current appeal.

The Supreme Court supported the High Court's opinion, determining that the specific state legislation takes precedence over general arbitration provisions. It also highlighted that organizations carrying out public responsibilities fall under writ jurisdiction and rejected the claims as being beyond the statute of limitations. 

Scope of Article 21:

Article 21 provides that “No person shall be deprived of his life or personal liberty except according to procedure established by law," establishing fundamental protection for every person, including both citizens and foreigners, within Indian territory.  The provision of Article 21 operates as a binding constraint on all state entities, including government departments, local authorities, and legislatures requiring them to follow the established legal procedure. 

These procedural fairness standard following the Maneka Gandhi Versus UOI (1978), In this case the court stated that "any procedure under law for the deprivation of life or liberty of a person must not be unfair, unreasonable or arbitrary," establishing substantive due process requirements. 

Furthermore, the Article 21 intersects with the Article 19 of the Indian Constitution, which means the freedoms to provide ‘additional protection’ where personal liberty overlaps with specific constitutional freedoms, creating a comprehensive framework for individual rights protection.

Supreme Court Observation:

The Supreme Court decided the case whether Writ petition was maintainable against the private organisation. While dealing with the writ petition Supreme Court observed that the writ petition is maintainable as a private organisation rendering the public service, namely the construction of the road. But the Court also warned against the State contracting out such vital tasks to private organizations, stressing that the State is ultimately responsible for building and maintaining roads.

Justice Mahadevan observed:  

"The contract for laying of a State Highway/District Road, when assigned by the Corporation owned and run by the government, assumes the character of a public function  even if performed by a private party and would satisfy the functionality test to sustain the writ petition”

The Court determined that private contracts cannot supersede legal obligations, declaring: "parties are unable to waive a statutory duty established for the public good" and that "Clause 44.3.1 of the Concession Agreement, to the extent it claims to allow private arbitration, is null and void as it attempts to circumvent the statutory requirements of the 1983 Act."

The Court also highlighted that the appellant's claims were subject to a time limitation, stating: "the appellant's claims – stemming from incidents from 2013-2015 – are likewise precluded by limitation according to Section 43 of the 1996 Act in conjunction with the Limitation Act, 1963. The late initiation of arbitration in 2022, along with its extension in 2025, is evidently subject to time limitations and not legally viable."

Conclusion:

Article 21  provides the fundamental right of life with dignity and the Supreme Court by its Constitutional Judgements have added more right which change the conception of life and in the recent judgement Supreme Court held that private sector who providing the public services and their act serve public at large will be considered as State under article 12 of Indian constitution. And delaying the development of the road will violate the fundamental rights of the people as the right to safe and motorable roads is a fundamental right. And the state also takes the responsibility of extending beyond simply building infrastructure; it also includes making sure that public roads are kept up, safe for traffic, and do not endanger human life.

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