V. V. S. RAO, J. ( 1 ) THE petitioner, a resident of Vijayawada City has addressed a letter dated 17-11-1999, to a senior Judge of this Court. The letter was treated as public interest writ petition. In the said letter, the petitioner brought to the notice of the Court the following acts of omissions and commissions on the part of various civil, police and revenue authorities:1. Improper maintenance of roads in vijayawada due to which considerable inconvenience is caused to the general public;2. Failure of the police authorities in controlling the traffic, on account of which Drivers of four-wheelers and two- wheelers are racing at neck speeds, exposing the pedestrians to risk their life and limb, and also the nuisance caused to the pedestrians by high speed drivers spitting chewing material like killi, pan parag,e/c. , and;3. Auto Drivers in Vijayawada City are charging the passengers with exorbitant fares arbitrarily. ( 2 ) WHEN the writ petition was listed for admission on 24-11-1999, the learned government Pleader for Home took notice on behalf of respondents 1, 3 and 6, and on 19-1-2000, notice was ordered to respondents 2, 4, 5 and 8. On 16-8-2001, when the matter was listed, there was no counter filed by the authorities. This Court, therefore, passed the following order: put up after one week i. e. , on 23-8-2001. Let the Mayor, Vijayawada Municipal corporation, Commissioner of Police, vijayawada, and the Commissioner, Municipal corporation of Vijayawada, Krishna District, be present on the next date of hearing to explain as to why no counter-affidavit in the matter has yet been filed. The Mayor and Commissioner, Vijayawada municipality, are directed to produce their budget, as it is stated by Mr. T. S. Venkataramana, Standing Counsel for vijayawada Municipality, that the Municipality is not in a position even to pay the salaries of its employees, and as such, it is not in a position to take up any developmental work. ( 3 ) PURSUANT to the above order, on 23-8-2001, the Commissioner of Police, vijayawada, and Commissioner of vijayawada Municipal Corporation (for short the Corporation), appeared before this Court. The Mayor of the Corporation did not appear, and no application was filed on his behalf for his exemption from appearance. ( 3 ) PURSUANT to the above order, on 23-8-2001, the Commissioner of Police, vijayawada, and Commissioner of vijayawada Municipal Corporation (for short the Corporation), appeared before this Court. The Mayor of the Corporation did not appear, and no application was filed on his behalf for his exemption from appearance. On that day, counter-affidavit was filed by the Corporation taking a stand, which is altogether different from the one taken by the learned Standing Counsel for the Corporation on 16-1-2001. Be that as it may, mis Court inter alia passed the following order on that day:. . . However, the learned Counsel claims that steps are being taken for repair of the roads. . . It appears from the copy of the budget presented before us that a sum of Rs. 3 crores has been allotted for maintenance of roads as also for laying the new roads. Let an appropriate affidavit be filed as regards the financial position of the corporation and by which time the repairs of the roads will be undertaken and completed. A counter-affidavit has been filed by the commissioner of Police, Vijayawada, wherein it is stated that all steps have been taken for curbing the noise pollution. It is further stated that there are about 6000 autos in Vijayawada city and in terms of the government orders issued by the State, fares are fixed. However, it is stated that some times the auto drivers do not follow the instructions. In this view of the matter, we direct the first respondent to see that the government orders issued by the Slate fixing the fare are implemented. Personal appearance of the Commissioner of police, Vijayawada, is dispensed with until further orders. The Commissioner of the municipal Corporation, Vijayawada, shall be present on the next date of hearing. We pass no such order against the Mayor as it is stated that she is out of the country. ( 4 ) WHEN the matter was listed on 5-9-2001, the Mayor of the Corporation appeared before the Court. We requested sri. T. Veerabhadrayya, a senior member of the Bar to assist the Court in this public interest litigation as amicus curiae. On 26-9-2001, we heard Sri Ramesh ranganalhan, the learned Additional advocate-General, for the Corporation and Sri M, Rama Rao, Government pleader for Home, for the Commissioner of police, Vijayawada and learned amicus curiae. We requested sri. T. Veerabhadrayya, a senior member of the Bar to assist the Court in this public interest litigation as amicus curiae. On 26-9-2001, we heard Sri Ramesh ranganalhan, the learned Additional advocate-General, for the Corporation and Sri M, Rama Rao, Government pleader for Home, for the Commissioner of police, Vijayawada and learned amicus curiae. ( 5 ) FROM the counter-affidavit filed on behalf of the Corporation, the following facts are disclosed. The Corporation area has about 1200 Km length of roads, out of which 150 Km are cement and concrete roads, and the remaining 1050 Km of roads are BT, WBM or other kinds of roads. These roads require constant and continuous maintenance. During monsoon season 2000- 2001 about 120 Km length of roads suffered damages and potholes also developed. These roads have been duly repaired. In addition to this, roads in an extent of 300 Km require complete replacement as they were badly damaged due to intensity of traffic during monsoon. The Corporation is taking up repair of roads in a phased manner. For the financial year 2000-2001. the Corporation called for tenders for 404 works at an estimated cost of Rs. 643,43 lakhs, and relaying of the roads has also been completed. The corporation has also taken up 189 road works at an estimated cost of Rs. 512,16 lakhs by utilizing the Corporation funds. Major portion of the works have already been completed, and in respect of 18 Km of road, the work is in progress. The corporation also narrated the other road works to be identified for relaying for the financial years 2002-2003 and 2003-2004, at an estimated cost of Rs. 10 crores. In regard to other civic amenities like underground drainage, garbage cleaning, health services, sanitation, street lighting, water supply, construction and maintenance of school buildings, maintenance of parks, providing alternative sites to slum dewellers etc. , are also being allocated funds giving utmost importance to the good maintenance of roads. ( 6 ) THE Sub-Inspector of Police (Traffic), filed counter-affidavit on behalf of first respondent. It is stated that vijayawada is a commercial and pilgrimage centre, with a population of 12 lakhs, excluding suburban population. It has a total number of 3 lakh registered non-transport and transport vehicles, excluding 2 lakhs suburban vehicles, besides two lakhs floating traffic from outside the districts. It is stated that vijayawada is a commercial and pilgrimage centre, with a population of 12 lakhs, excluding suburban population. It has a total number of 3 lakh registered non-transport and transport vehicles, excluding 2 lakhs suburban vehicles, besides two lakhs floating traffic from outside the districts. Vijayawada is an ancient city with very narrow roads, and the road system is not able to cater to the present traffic requirements. Though the traffic is mixed traffic, and though large number of new registered vehicles are registered in the City, the roads are not widened. With the available infrastructure, vijayawada traffic police is rendering better service by regulating traffic and enforcing the traffic rules. ( 7 ) THE allegation that the Drivers of four-wheelers and two-wheelers drive at high speeds resulting in road accidents, that auto rickshaw drivers are charging and demanding arbitrarily amounts from passengers, that police are not controlling them, are denied as incorrect and baseless. The traffic police are checking all the vehicles, which are driven at high speeds. Traffic beats are functioning at various junctions with 200 traffic Constables, 44 Head Constables, 160 Home Guards, during morning, evening and night times. Besides these traffic Constables, one assistant Commissioner of Police, two inspectors of Police, eight Sub-In specters of police and seven Assistant Inspectors of police, are regularly supervising in vehicles, equipped with VHF sets and public address system, for regulating the traffic on hourly basis. The traffic rules are being enforced strictly, and during the year 1998-99, 22,678 traffic cases were booked under the Motor vehicles Act and an amount of Rs. 24,55, 955-00 was realised by way of compounding fee. Similarly, during 1999-2000, an amount of Rs. 24,25,915-00 was realised as compounding fee from 31,136 traffic cases, besides an amount of Rs. 6,01,895-00 from auto rickshaw drivers. Even during the year 2000-2001 i. e. , upto 20-8-2001, compounding fee was collected from traffic violators. Because of good traffic management, the accidents rate during 1999- 2000 has decreased when compared with the accident rate in 1998-1999. ( 8 ) THE traffic police is also maintaining traffic enforcement booths, and also encouraging auto rickshaw users to make use of free complaint post cards so as to enable to traffic police to initiate action against drivers as per law. ( 8 ) THE traffic police is also maintaining traffic enforcement booths, and also encouraging auto rickshaw users to make use of free complaint post cards so as to enable to traffic police to initiate action against drivers as per law. In addition to (his, to improve the traffic in Vijayawada city, the police also have taken steps like removing encroachments on the road margins, special drive against noise pollution, improvement of junctions, and imposing of restrictions on the vehicles entering the city. The counter-affidavit also avers that the commissioner of Police has already taken necessary steps, and therefore, no further orders are necessary. ( 9 ) VIJAYAWADA Auto Workers Union has filed an application to implead them as ninth respondent in the writ petition. The same is ordered. They also filed an application seeking directions to the authorities to revise/fix the minimum charges on meter at Rs. 10/-, and thereafter at Rs. 4. 50/km. in support of the applications, they filed an affidavit in which it is stated that the Government has issued orders fixing the minimum rate on meters at Rs. 5. 60, and thereafter at Rs. 2. 80/km. After repeated demands, the same was increased to Rs7/-, and thereafter at Rs. 3. 50/km. The government did not consider the increase in petrol/diesel rates, nor did it consider the increase in spare parts. The cost of living has gone up, and due to poor maintenance of roads in Vijayawada City, auto rickshaws are frequently getting damaged, forcing the auto drivers to incur high costs for maintenance. That they made representation to the Government to revise the rates, but in vain. ( 10 ) THEY also state that there are only two licensed mechanics in Vijayawada city to repair the meters, and though they submitted representation to provide atleast five licensed mechanics on permanent basis, the Government has taken no action. Due to this, all drivers are forced to run their autos on meager meter rates while incurring high costs in maintenance of the autos and that drivers are repeatedly facing motor vehicle cases, and are ending up paying exorbitant rates as compounding fee, and therefore, they sought directions for revision of rates. ( 11 ) THE learned Additional Advocate- general has taken us through the budget of the Corporation for the financial year 2001-2002. ( 11 ) THE learned Additional Advocate- general has taken us through the budget of the Corporation for the financial year 2001-2002. He submitted that within the financial capacity of the Corporation, necessary funds have been allocated for the development of roads, and all steps in right earnest are being taken to improve the roads and also to improve the civic amenities. Sri T. Veerabhadrayya, the learned senior counsel, appointed as amicus curiae, submitted that the provisions of Hyderabad municipal Corporation under the Hyderabad municipal Corporation Act, 1955, have been made applicable to Vijayawada Municipal corporation also. It is the primary duty of the Corporation to maintain roads in proper manner. He submits that after this Court issued directions to the Mayor and commissioner of the Corporation to appear before this Court, the Corporation has started executing road maintenance works within its financial resources, and therefore, he requested for appropriate orders in the matter. The Vijayawada Municipal Corporation was constituted under Vijayawada Municipal corporation Act, 1979. By reason Section 6 of the said Act the provisions contained in the Hyderabad Municipal Corporation act, 1955, were made applicable to the corporation also. Section 112 of the Act provides for the functions and duties of the corporation. Chapter XI exclusively deals with roads in the Corporation area, and empowers certain authorities to specifically take necessary steps for immediate repair of the roads. Indeed, Section 374 empowers the Commissioner to immediately attend to repairs costing not less than Rs. 5,000/ -. The corporation is empowered to take all necessary steps to keep all the roads in usable condition and in that direction, they can even remove encroachments. Therefore, there cannot be any denying of the fact that the Corporation is statutorily bound to take all steps for construction and maintenance of roads keeping in view the population and the growing needs of the city. It is not permissible for the Corporation to plead inadequacy or paucity of funds. As seen above, when the case was initially listed, the learned Standing Counsel for the corporation made a statement that the corporation is not in a position to even pay salary of its employees, and as such, it is not in a position to take up any developmental works. However, in the counter-affidavit filed before this Court by the learned additional Advocate-General on 4-9-2001. However, in the counter-affidavit filed before this Court by the learned additional Advocate-General on 4-9-2001. the Corporation came forward with a statement which reads: ( 12 ) THE Vijayawada Municipal corporation is doing its utmost to provide better civic amenities to the residents, and floating population of Vijayawada, including providing motorable roads all over the city. The limited financial resources available with the corporation, has to be allocated for various civic amenities such as laying of roads, underground drainage, garbage cleaning, health services (maintenance of maternity hospitals, dispensaries etc. , around 30 in number), sanitation, street lighting, water-supply, construction and maintenance of school buildings (100 in number), maintenance of parks, providing alternative sites to slum dwellers etc. , in addition to payment of salaries to the staff of the corporation. While the necessity of providing motorable roads is of utmost importance, no less important is the need for providing the order civic amenities referred to supra. The extent of allocation of available funds to different civic amenities are policy decisions which are being taken by the Corporation in the best interests of the residents and the floating population of vijayawada. ( 13 ) HAVING regard to the averments made, it is not necessary for us to go deep into the matter any further. However, we wish to point out two principles of law dovetailed into Constitution of India, which should inform all the local authorities, including the Corporation. Roads in a city like Vijayawada reflect the culture and civilization of the society. Good roads mean good life. Bad and damaged roads would not only cause harm, but are also uneconomic for the traffic will be forced to move slowly and vehicles would consume more fuel. Further, bad and damaged roads endanger lives of the people who use them. Roads are basically meant for the users to pass repass and every citizen has right to use the road without any inconvenience to others (see Sodan Singh v. New Delhi Municipal committee, AIR 1989 SC 1988 ). The authorities entrusted with the duty of constructing and maintaining the roads in good condition can never be heard to say that there are no funds to attend the basic minimum needs. The authorities entrusted with the duty of constructing and maintaining the roads in good condition can never be heard to say that there are no funds to attend the basic minimum needs. Indeed, in State of himachal Pradesh v. Umed Ram Sharma, air 1986 SC 847 , the Apex Court ruled that right to use good roads is a penumbral right to life and liberty under Article 21 of the Constitution of India. In urban area, we may not elevate the right to roads to that of a right to roads in hilly areas. Be that as it may, the Apex Court in Ratlam municipal Council v. Vardichand, AIR 1980 sc 1622 , repelled the defence of the municipal Council that they suffer financial stringency in the following terms:. . . the grievous failure of local authorities to provide the basic amenity of public conveniences drives the miserable slum- dwellers to ease in the streets on the sly for a time, and openly thereafter, because under nature s pressure bashfulness becomes a luxury and dignity a difficult art. A responsible Municipal Council constituted for the precise purpose of preserving public health and providing better finances cannot run away from its principal duty by pleading financial inability. Decency and dignity are non-negotiable facets of human rights and are a first charge on local self-governing bodies. . . ( 14 ) BY reason of Constitution (Seventy- fourth Amendment) Act. 1992. 1-6-1993, the Municipalities, including the corporations have been given the protection of Constitution. Article 243w provides that legislature of the State may endow the municipality with such powers and authority inter alia with respect to performance and functions and implementation of schemes in relation to matters listed in XII Schedule to the Constitution. Entry 2 to XII Schedule reads "roads and bridges". Entry 6 thereof deals with public health, sanitation, conservancy etc. A reading of XII Schedule to the Constitution shows that it is not only statutory obligation, but also a constitutional mandate that the Corporation should maintain all civic amenities, including roads at optimum standards. It is no doubt true that priorities are a matter of policy, and it cannot be denied that roads in any corporation area should receive top priority because all classes of people use the roads. It is no doubt true that priorities are a matter of policy, and it cannot be denied that roads in any corporation area should receive top priority because all classes of people use the roads. ( 15 ) IN view of the averments made by the Sub-Inspector of Police (Traffic) in the counter-affidavit, filed on behalf of the commissioner of Police, Vijayawada, we can only hope that the first respondent will give utmost importance to see that traffic rules are strictly adhered to and a sense of discipline is instilled in all the road users. We may also observe that there is no reason why the authorities are not disposing of the representation made by the Vijayawada Auto Rickshaw Workers union for fixing minimum auto fares. We, therefore, direct the first respondent to consider the request and send necessary report to the Government so that the government can pass appropriate orders. In these proceedings, we cannot give any positive directions to the authorities to revise/fix the minimum charges of meter. Such function is basically left to the Government to decide taking all factors into consideration. ( 16 ) BEFORE we part with the judgment, we place on record our gratitude to Sri T. Veerabhadrayya, the learned amicus curiae for assisting us in the case. ( 17 ) THE writ petition is accordingly disposed of with the above directions and observations. No costs.