ILLEGAL COMMENCEMENT OF ROAD WORKS WITHOUT PUBLIC NOTICE AND CONSULTATION
Public notice and suggestion objections must
ILLEGAL COMMENCEMENT OF ROAD WORKS WITHOUT PUBLIC NOTICE AND CONSULTATION
Any road work or infrastructure project affecting local residents or the public at large cannot be commenced without prior public notice being displayed at the site and at other prominent places clearly visible to the public, inviting suggestions and objections from citizens.
1.1 Such prior notice and consultation are mandatory under Article 14 of the Constitution of India (non-arbitrariness and fairness), Article 21 (right to life which includes health, hygiene, safety, and a pollution-free environment), and Article 19(1)(d) (right to free movement of citizens).
1.2 The requirement of public participation also flows from Article 243W read with the Twelfth Schedule, mandating participatory, transparent, and accountable municipal governance.
1.3 The public notice must be issued with a minimum prior period of not less than 15 clear days, enabling affected citizens to read, understand, verify records, consult experts if necessary, and submit informed suggestions and objections; any shorter or illusory notice defeats meaningful public participation and violates the principles of natural justice.
1.4 The Hon’ble Supreme Court in Maneka Gandhi v. Union of India has held that arbitrariness is antithetical to Article 14, and that any procedure affecting rights under Article 21 must be just, fair, and reasonable. The Hon’ble Supreme Court and various High Courts have consistently held that prior notice and reasonable opportunity of hearing are integral to administrative decisions affecting public rights, health, safety, and environment, and that post-decisional hearing is no substitute where irreversible public injury is likely.
1.5 Commencement of works without inviting and considering public suggestions and objections violates the principles of natural justice and is contrary to statutory duties under the Mumbai Municipal Corporation Act, 1888, including Sections 61, 63, 289, and 291, which cast a mandatory obligation on the Municipal Authority to maintain public streets, protect public health, hygiene, and safety, and ensure free and unobstructed movement of emergency vehicles such as ambulances and fire brigades.
1.6 Any project commenced without due notice of the aforesaid minimum period and without due consideration of objections affecting health, hygiene, safety, and emergency access of citizens is illegal, arbitrary, unconstitutional, void ab initio, and liable to be stayed, halted, and set aside.