Orissa High Court cites Kafka, Shakespeare to slam Cuttack’s endless pothole nightmare

The court was hearing a suo motu public interest litigation (PIL) concerning the condition of roads and waterlogging in different areas of Cuttack, an issue that has been before it since 2020.

Orissa High Court Roads Potholes Franz Kafka William ShakespeareOrissa High Court directed ward-level Advocates’ Committees to assess arterial roads in Cuttack and submit comprehensive reports before the next hearing, September 10. (Image generated using AI)

Invoking Franz Kafka’s bleak line that ā€œthere is infinite hope but not for usā€ and recalling Shakespeare’s ā€œgriefā€ with a thousand shrieks in ā€˜King Lear’, the Orissa High Court has highlighted the repeated cycle of potholes, repairs and monsoon damage on Cuttack’s roads. However, expressing ā€œsanguine trustā€ that the latest assurances from senior Odisha officials would bring changes, the court said its directions since 2020 had not translated compliance affidavits into motorable roads.

Justices K R Mohapatra and V Narasingh were hearing a suo motu public interest litigation (PIL) concerning the condition of roads and waterlogging in different areas of Cuttack. The court noted that the issue is before the bench since 2020, with repeated directions to authorities responsible for road maintenance and civic infrastructure.

ā€œCompliance affidavit(s) have not translated themselves to motorable roads, and the scenario remains the same with an agonising cycle: potholes-repairs-onset of monsoon and again potholes. It is akin to Shakespeare’s ā€˜grief’ with a thousand Shrieks (King Lear, Act 2). 3. A road is not mere tar and stone. It’s a lifeline under Article 19(1)(d) read with Article 21 of the Constitution,ā€ the court said on August 29. The next hearing of the matter has been scheduled for September 10.

The observations came after the court sought the presence of senior officials following concerns recorded in its August 27 order. Additional Chief Secretary, Housing and Urban Development Department, Usha Padhee, and Cuttack Municipal Corporation Commissioner Kirandeep Kaur Sahota appeared virtually, while senior Works Department and Roads & Buildings officials appeared in person.

Justices K R Mohapatra and V Narasingh Orissa High Court Roads Potholes Franz Kafka William Shakespeare Justices K R Mohapatra and V Narasingh said concerns over Cuttack’s roads warranted fresh reports on arterial roads from ward-level advocates’ committees. (Image enhanced using AI)

ā€˜Infinite hope but not for us’

Referring to famous writer Franz Kafka’s novel ā€˜The Castle’, the court quoted the line, ā€œthere is infinite hope but not for usā€, and said that it disagreed with the sentiment and expressed ā€œsanguine trustā€ that the Odisha government’s assurances on Cuttack’s roads would lead to visible change and ā€œonset of such changeā€.

Asserting that a road is not mere tar and stone but a lifeline according to the Constitution, the court recorded that an earlier assurance to complete road works by Durga Puja had not been fulfilled, after which the Cuttack Municipal Corporation (CMC) Commissioner sought time until the end of November 2024.

Repeated failures

In December, a compliance report stated that 64 of 105 road and drain works had been completed. On September 12, 2024, authorities were directed to immediately repair damaged roads in 15 wards. On October 3, an advocates’ committee pointed out waterlogging and poor roads in several wards.

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In an October 30, 2024 order, the bench had noted a ā€œpatent lack of coordinationā€ between the CMC and Roads & Buildings Department over responsibility for a road in Ward 2, observing that one department appeared to be shifting the onus to the other.

In an August 21, 2025 order, the bench said recently repaired stretches had deteriorated rapidly, suggesting shoddy work and lack of supervision. In September 2025, the court took note of the CMC’s failure to annex a list of roads it had said were identified for repair. It said it was prima facie of the view that the nondisclosure was a ā€œbrazen attempt to escape scrutinyā€.

On October 9, 2025, the court directed ward engineers to prepare details of roads requiring repair and timelines for completion. It also directed that priority be given to market areas, hospitals, educational institutions, accident-prone zones and densely populated wards.

Fresh assurances

During the August 29 hearing, Padhee assured the court that steps would be taken for construction, maintenance and repair of roads in Cuttack and informed that a comprehensive plan was being worked out. She also said a detailed project report (DPR) was being prepared to address waterlogging during the rainy season.

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The Works Department’s special secretary placed a road-repair proposal on record and undertook to file an affidavit detailing steps taken and timelines for completion within seven days. On arterial roads, CMC counsel submitted that 70 per cent were in good condition.

The bench said it was difficult to accept the submission in view of concerns raised by ward advocates’ committees. The committees were directed to inspect their respective wards and submit comprehensive reports within seven days.

Vineet Upadhyay is an Assistant Editor with The Indian Express (Digital), where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More

 

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