Bombay High Court slams civic bodies over poor road conditions in Mumbai, stating there is no justification for pothole-related hazards. The Court emphasizes that the government and municipal authorities are duty-bound to ensure safe and proper road infrastructure for the public.
The Bombay High Court stated that there is no justification for poor road conditions in Mumbai, India’s financial hub, emphasizing that civic bodies and the government are not only obligated but duty-bound to ensure good road infrastructure for the public.
The court mandated that Rs 6 lakh be paid as compensation in cases where deaths occur due to potholes or open manholes.
A division bench, comprising Justices Revati Mohite Dere and Sandesh Patil, was hearing several petitions and noted that fatalities and accidents linked to potholes, open manholes, and bad roads are frequent.
Therefore, accountability must be established for those responsible.
The High Court observed,
“It is high time that compensation be awarded to victims or their families who have suffered deaths or injuries on account of potholes. Only then will it serve as a wake-up call for the agencies concerned,”
The court stressed that unless individuals accountable for pothole-related deaths and injuries face personal financial liability, they will not grasp the severity of the issue. It set the compensation for injuries between Rs 50,000 and Rs 2,50,000, depending on the severity.
A committee, consisting of the civic body chief and the district legal services authority secretary, will determine the compensation amount.
This ruling came in response to petitions highlighting the rising number of fatalities and accidents caused by poor road conditions in Maharashtra.
The bench reiterated that civic authorities and state agencies have a constitutional and legal duty to ensure the safety and welfare of citizens, which includes providing adequate transportation infrastructure.
The High Court pointed out,
“There can be no justification whatsoever for bad and unsafe roads. Mumbai, being the financial capital of the country, contributes greatly to the revenue of the Centre, the state, and the civic body,”
The court noted that the Municipal Corporation of Greater Mumbai (MCGM) is one of the wealthiest civic bodies in Asia, adding that poor road conditions not only threaten lives but also negatively impact the economy, including the financial stability of businesses.
The court declared,
“It is the responsibility of the civic authorities and state agencies to provide proper civic amenities, including safe roads, to the taxpaying public. It is not only a responsibility but a duty of the authorities concerned,”
The bench highlighted that everyone has the right to live with dignity, as guaranteed under Article 21 of the Constitution.
The High Court highlighted,
“The right to life under Article 21 has been expansively interpreted to mean not mere existence but a life with dignity and meaning. Good and safe roads are an essential component of such a meaningful life,”
Thus, the right to have roads in reasonable condition is part of the fundamental rights guaranteed under Article 21 of the Constitution.
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It is imperative for all civic bodies and state agencies to fulfill their constitutional and legal obligations by ensuring proper road maintenance throughout the year, the bench added.
It warned,
“Failure to do so results in a clear infringement of the valuable fundamental rights of citizens, and exposes these authorities to serious legal consequences,”
The court observed that fatalities and severe injuries due to potholes and open manholes have become a recurring issue, especially during the monsoon.
It is crucial that civic authorities, along with the contractors responsible for road maintenance, are held accountable for such incidents, the bench stated.
The High Court insisted,
“We find no seriousness on the part of the authorities in addressing this perennial problem. Unless civic authorities are made accountable, this tragic scenario will continue to repeat itself every year. Accountability must be fixed not only on the contractors but also on the civic authorities themselves,”
The bench noted that this situation has persisted despite several orders issued since 2015, highlighting the need for immediate attention, particularly during the monsoon due to the “deplorable condition of the roads, with potholes continuing to cause deaths and injuries to persons.”
The same issues regarding potholes, open manholes, and the resulting deaths and injuries recur annually, the High Court observed.
This ongoing situation persists despite bold assurances from civic authorities and state agencies to act promptly and establish an effective mechanism to tackle these recurring dangers, the judges stated.
The court remarked,
“The reality is that the condition of the roads continues to deteriorate every monsoon, and, at places, after the very first shower,”
The High Court ordered strict disciplinary and penal measures against contractors and officials found guilty of shoddy or substandard work.
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