Patna High Court Bans Arbitrary Road Elevation: Mandates Scientific Construction & Public Awareness in Bihar
By E-Justice India News Desk
Published: May 1, 2026
Patna: In a significant move to protect urban infrastructure and citizen rights, the Patna High Court has issued a stern directive against the unscientific practice of raising road levels during repairs. The Court has mandated that all road construction in Bihar must now strictly adhere to scientific standards, specifically banning the “resurfacing without milling” technique that has long plagued residential areas with waterlogging and structural damage.
The Core Issue: “Rising Roads, Sinking Homes”
For years, residents across Bihar have complained that road contractors simply add new layers of bitumen or concrete on top of existing ones. This practice, known as resurfacing without milling (scraping off the old layer), gradually raises the road height above the plinth level of adjacent houses and shops.
The Division Bench, comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar, observed that this unscientific method leads to:
- Severe Waterlogging: Rainwater and sewage flow back into homes and commercial buildings.
- Structural Damage: Constant exposure to backflow weakens building foundations.
- Accessibility Hurdles: Steep gradients make it nearly impossible for vehicles to enter private properties.
Strict Adherence to SOP (Letter No. 386)
The Court emphasized the implementation of the Standard Operating Procedure (SOP) issued by the Road Construction Department (RCD) on January 19, 2026. Key highlights of the mandated process include:
- Mandatory Milling: Existing bituminous layers must be scraped off before laying new ones to maintain the original road height.
- Topographical Surveys: Detailed surveys of building plinth levels and drainage patterns must be conducted before work begins.
- Scientific Drainage: Adequate drainage systems must be integrated to prevent rainwater accumulation.
- Recycling Methods: The Court encouraged the use of “Cold Recycling” or “Hot Recycling” of materials to ensure sustainability.
Accountability for Contractors and Engineers
The Patna High Court made it clear that “business as usual” is over for errant contractors. The order stipulates:
- Contract Rescission: Contractors who deviate from the SOP will have their contracts terminated immediately.
- Penal Action: Violators will face legal penalties and blacklisting.
- Engineer Liability: Supervising engineers will be held personally accountable for monitoring lapses.
Empowering Citizens: The Role of the District Magistrate
In a unique move to ensure transparency, the Court has directed authorities to place prominent display boards at all active construction sites. These boards must inform the public about the Court’s order and their rights.
Citizens aggrieved by arbitrary road elevation can now approach their respective District Magistrate (DM). The DM is required to examine such complaints promptly with the help of technical experts and take corrective action.
What’s Next?
The State government has been directed to submit a progress report by June 19, 2026, detailing the complaints received by District Magistrates and the actions taken against violators.
This ruling is being hailed as a major victory for urban livability in Bihar, ensuring that infrastructure development does not come at the cost of a citizen’s right to a safe and accessible home.
