HC asks BMC, other civic bodies to fill up all potholes within a week, seeks action against errant contractors

The HC last year disposed of a contempt petition filed by a lawyer, Ruju Thakker, alleging non-compliance of the 2018 orders of HC by civic authorities to repair potholes along all arterial roads in the Mumbai Metropolitan Region (MMR). However, the court had revived the suo motu PIL filed in 2013 in which directions were passed in 2018.

As per HC directive, a government lawyer on Thursday submitted data collected so far from various police stations in the state which noted 12 deaths and 11 injuries due to poor road conditions. The deaths include two each in Bhandara, Dhule, Thane (rural) and Nagpur (rural) districts followed by one each within Navi Mumbai, Kolhapur, Nandurbar and Amravati.

Senior advocate Anil Sakhare for Brihanmumbai Municipal Corporation (BMC) claimed that the civic body was addressing complaints related to poor road conditions within 48 hours.

“How many complaints so far? What action have you taken against contractors in case damage is caused to the road? It is about the quality of work. There are several roads in suburbs (with poor conditions),” a bench of Justices Revati Mohite Dere and Sandesh D Patil orally remarked. The court also expressed displeasure over “apathy” by BMC in accepting or responding to citizens’ complaints through their mobile application.

The court said that while all roads in Mumbai were handed over to BMC for maintenance as per earlier court order, except Public Works Department (PWD), all other agencies including Maharashtra Housing and Area Development Authority (MHADA), Maharashtra State Road Transport Development Corporation (MSRDC), Mumbai Port Trust have not transferred the roads to the civic body as yet. He said roads around Metro works are managed by MMRDA.

“Just one monsoon season comes, and everything goes (poor road conditions). You as a corporation have to take action against contractors and inform us about it. Why can’t you take action? Not even blacklisting?,” the court responded. When Sakhare said that the BMC imposes fines ranging from Rs 1 lakh to 10 lakh against the errant contractors, the court said the same was not enough. It suggested compensation amount can also be recovered from the officers who look after the said works and they should feel the “pinch” in their pockets.

“It should not be a small amount. Otherwise, they will pay up and not feel the pinch. They have to feel the pinch,” Justice Mohite Dere remarked.

“In fact, all assistant commissioners (of civic bodies) present in the court, please mend your ways and make contractors accountable and ensure by next date of hearing all potholes and roads are attended to. We will also find ways to see if it is done or not done. Within the next one week, we want all potholes to be attended to. We can’t have anyone sustaining injuries,” the HC remarked.

The HC also asked the state government to inform whether it will come up with a policy for immediate assistance to injured victims and also to the kin of the deceased victims due to negligence of civic bodies and said it will pass interim orders next week.

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