Website Impact! MCC Removes Plastic Speed Breakers but Leaves Behind its Hazardous Residue

Website Impact! MCC Removes Plastic Speed Breakers but Leaves Behind its Hazardous Residue

• Website Impact! MCC Removes Unsafe Plastic Speed Breakers, but Leaves Behind its Hazardous Residue like sharp steel/iron fixtures (sharp bolts/nails etc). And this is the second time that a sharp bolt from the speed breaker residue has pierced into my two-wheeler tyre (refer the pic in the report) , where I had to spend Rs 200 each time. Many other motorists have also faced the same problem, where they had to spend big bucks fixing the punctured tyres of their four and two-wheelers, including an advocate from City, who spent nearly Rs 9000, fixing/replacing the punctured tyres of his car. Is MCC going to reimburse us the loss incurred? -is a million-dollar question, which will never get a reply/answer?

Mangaluru: Talk about the power of media, especially Electronic media where we highlight the civic issues and within a few hours or few days the concerned authorities who can’t bear the criticism about their negligence, quickly get into action and rectify the civic issues. In the past Mangalorean.com has highlighted various civic issues through our website, and there has been a tremendous effect with most of the problems being fixed in no time, from rectifying dilapidated roads, open drainage, non-friendly footpaths, dog menace etc. But this report which was highlighted was quite unique and different from the earlier issues that Team Mangalorean had highlighted, and we are happy to note it did serve the purpose, in getting justice to a senior, who had been callously treated by a government official.

Following two articles published by Team Mangalorean (Ref: Caution! Unscientific Plastic/Fibre Speed-Breakers are nothing but “Life Breakers”? ) on 29 August 2020; and (Ref: City Advocate Sends Notice to MCC & Other Concerned Officials about Unscientific Speed-Breakers ) on 30 August 2020, a few days later, we are seeing that the plastic/fibre speed breakers have been removed, however, whoever removed the speed breakers have done a shabby job by leaving behind the residuals like sharp steel/iron fixture (sharp bolts/nails), which could puncture tyres- and also discarding the removed speed breakers on footpaths and streets.

Apart from the recent two articles, over the years Mangalorean.com had published many reports pertaining to the plastic/fibre Speed breakers, to name a few-
(Don’t Get ‘Bump’ on a ‘Hump’? Unscientific & Unmarked Road Humps are a Bane to Motorists); (City’s Unscientific ‘Speed Breakers’ are ‘Life Breakers’ and ‘LawBreakers?’) ; (Not Smart – Having Two Speed Breakers at one Spot! 1 being Legal, other Illegal?) among others, and even though action was taken in response to our reports, but every time new person in the district admin or police dept joins in, they once again install those unsafe plastic speed breakers.

BEFORE WEBSITE IMPACT…..

So this time, we hope after our recent articles, and memorandum/letter from a City advocate, even though many of such speed breakers are removed, hope they won’t come back again in a few months or year or two? -under different leadership. These plastic speed breakers are a total nuisance and hazardous too, for motorists. The bolts from these speed breakers will harm the vehicles. The then DC Prakash had advised the concerned authorities to remove all the plastic speed breakers and to install permanent and scientific speed breakers. Years later, once again such unsafe speed-breakers had been installed, which didn’t make any sense? Seems like when DC’s change, the speed-breakers also change!

Recently, Kumara Sathyanarayana, an Advocate from Mangaluru had raised his voice about these unscientific speed-breakers and posted his message on the MCC Civic Group Whatsapp page to MLA’s, MP and other concerned authorities to remove these unsafe speed breakers, and in the meantime, Team Mangalorean had also highlighted on the same civic issue- and we are happy to see positive results, the speed breakers being removed. More than the speed breakers creating inconveniences to the motorists, the residuals of these speed breakers like the nails and screws protruding out are causing serious problems to motorists. Yes, accidents do happen due to these unsafe speed-breakers, and since no one reports these accidents to MCC or the traffic police, they still continue.

AFTER WEBSITE IMPACT……

How often have you been caught unawares by that huge bump or speed breaker on the road without a signboard warning before it? By an estimate, almost 90% of these humps in Mangaluru are unscientific. Why aren’t our city officials not following the rules? And if they are constructing these speed breakers/road humps/speed bumps, then why aren’t they erecting caution signs about these speed controllers? In spite of rules that prohibit such speed breakers, it looks like even our city officials don’t follow the traffic safety laws. Frankly speaking, speed breakers in the city are a nightmare for motorists, thanks to unscientific designs and the absence of warning boards. We are happy many of these plastic speed breakers are removed, but we urge that they also clear the residue left behind-which is creating problems. A sharp bolt left behind in this residue pierced into my scooter tyre, resulting in a flat tyre, creating inconvenience. Hope the residuals are also cleared soon before others have flat tyres running over it.

In regards to this civic issue once again advocate Kumara Satyanarayana has sent a letter, urging the concerned authorities to clear the residue left behind after removing the plastic speed breakers at the earliest. Hoping to get a positive result soon.

Following is the copy of the letter sent by Mangaluru Advocate Kumara Satyanarayana on behalf of the Motorists and pedestrians of DK/Mangaluru pertaining the Speed Breakers reissue left behind by MCC workers, after removing few of City’s plastic/fibre Speed Breakers :

1. The Commissioner, Mangaluru City Corporation (MCC)- Akshay Sridhar, Mangaluru

The Managing Director-Mangaluru Smart City Ltd (MSCL) -Mohammed Nazir, Mangaluru

The Deputy Commissioner of DK-Dr Rajendra K V, Mangaluru

The Additional Chief Secretary of Govt Urban Development Dept-Govt of Karnataka, Bengaluru

The Sharp Bolt left behind after removing the Speed Breaker that punctured my scooter tyre

Sirs, Sub: Rejoinder issued in continuation of the notice dated 12-08-2020 demanding complete removal of residuals of the plastic/fibre [yellow black] speed breakers and the sharp steel/iron fixture.

Ref: Statutory pre-litigation notice issued on 12-08-2020 demanding immediate action for removal of residuals of the plastic/fibre [yellow black] speed breakers and the sharp steel/iron fixture residuals found on the streets and roads of the city of Mangaluru, within the territorial jurisdiction of the City Corporation of Mangaluru. [A copy of which is enclosed herewith for your ready reference]

Sirs, in spite of clearly pointing out the issues and problems that are caused by the residuals of the plastic/fibre [yellow black] speed breakers and the sharp steel/iron fixture found on the streets and roads of the city of Mangaluru and demanding the MCC to take necessary action to get the same removed, it is very saddening and shocking to note that the officials of the MCC who should have been proactive have turned a blind eye on the same. The indifferent attitude of the officials of the MCC has writ large.

As has been pointed out in the subject above referred notice, and as has been expressly stated in the provisions [Section 265 and Section 266] of the KMC Act, 1976, all public streets under the control of the Government, with the pavements, stones etc., are vested in the local authority, the City Corporation of Mangaluru. It is the bounden duty and the responsibility of the City Corporation and its officials/office bearers to maintain the public streets, make repairs and make all improvements and necessary development for the usage of the general public and the citizens. However, the deliberate failure to discharge the statutory duty is nothing but ‘dereliction of duty’ as defined by the Karnataka Lokayukta Act, 1984. You are all specifically asked to make note of this.

A popular national media house in its publication on 06-09-2020 published a photo article with a caption ‘Commuters at Risk’. It is very much clear that the MCC has done ‘eye washing’ tricks. The unscientific plastic fibre hump [at Bejai to be specific] has been removed, but the iron/steel fixtures are left on the street to cause damage to the commuters. Please bear in mind, the leftover iron/steel fixtures cause more harm than the unscientific humps. An “incomplete task” is always equated to as “task not done”. Similar is the situation at the case in hand. Just removal of unscientific humps is not the solution. The iron/steel fixtures used to fix the said plastic/fibre humps shall also have to be removed from the surfaces.

However, it is very shocking that the officials of the City Corporation and the authorities have miserably failed to understand this simple issue which is based on simple logic. Sirs, please be informed, by removing only the plastic fibre humps and exposing the iron/steel fixtures on road, MCC has put the commuter’s life at risk. The iron fixtures which are left exposed are enough to rupture the tyres and cause accident proving fatal to the commuter. At the cost of repetition and to make my point clear, I would like to draw all of your attention that it is these residual objects which are sharp and honed cause damage to the users of the road, especially the two-wheelers and the small cars. Hence, these residual sharp objects/iron fixtures need to be removed.

As mentioned in the above-referred notice, please make a note that around 1000 deaths occur every year in the State of Karnataka due to unscientific speed breakers itself. Similarly, I hope, there should not be a separate list of causalities or fatalities caused by the hazardous sharp residuals of the fibre / plastic speed breakers. Based on the above-explained facts and narrated circumstances, I do hereby specifically call upon the attention of No. 1 and No. 2 of you to:

a. Take appropriate and necessary action to immediately to completely remove from the streets of the City of Mangaluru within seven days from the date of receipt of this notice without leaving behind any residuals or sharp iron steel fixtures on the road or edges or surfaces which would cause damage to the users of the road.

b. Prepare and action taken report on this issue and submit the same to the Deputy Commissioner of the D.K. District and issue a copy of the same to the undersigned.

c. Specifically, the Commissioner of City Corporation of Mangaluru is once again called upon to make good the loss / monetary loss incurred by me to a tune of Rs. 9,000/- by reimbursing the said amount within seven working days from the date of receipt of this notice. [in consonance with the judgement delivered by the Hon’ble Delhi High Court in N.D.M.C. vs Shri Chander Kishore Aggarwal in RSA No. 17/2009] 7.

I hope that all of you would treat this rejoinder notice in its proper perspective and do the needful as demanded herein and oblige. However, if you fail to heed upon and act accordingly, make a note, I would be left with no option but to knock the doors of the judiciary and move the court of law by instituting the necessary legal actions against all of you at your own risk and responsibility to all cost and consequence. I would also specifically mention here that this demand notice/rejoinder shall be read in continuation of my above-referred notice dated 12-08-2020 and shall be construed as the pre-litigation statutory notice for all purposes.

I hope that you all being learned and senior officers having decorated offices would not give a chance to me to knock the doors of the court, but, instead would judiciously exercise your powers conferred upon you to heed and oblige the lawful and legally binding demands made herein.

Thanking you, Yours sincerely, Kumara Satyanarayana, Advocate, Mangaluru

( Copy to: [With a specific request to look into the matter and to take necessary action] MP Nalin Kumar Kateel; Kota Srinivas Poojary Hon’ble, District In-charge Minister; MLA Mangaluru South Constituency Vedavyas Kamath; MLA Mangaluru North Constituency Dr Bharath Shetty; and The Secretary-General, Indian Roads Congress-New Delhi.

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