Deplorable state of roads reflects gross civic apathy: Bombay HC orders civic authorities to pay Rs. 6 lakh compensation for pothole deaths

The HC clarified that the said compensation will be “independent of, and in addition to, the remedies available to an aggrieved party under any other law.”

It added that all potholes, once brought to the notice of authority, shall be attended within 48 hours, failing which departmental action be initiated.

“Deaths and serious injuries caused due to potholes and open manholes have become a regular feature during monsoon. It is high time that civic authorities, along with the contractors entrusted with road maintenance, are held accountable for such deaths and injuries. 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…only then will it serve as a wake-up call for the agencies concerned,” a division bench of Justices Revati Mohite-Dere and Sandesh D Patil observed in its order.

The bench said “there can be no justification whatsoever for bad and unsafe roads. Mumbai, being the financial capital of the country,” which “contributes greatly” to revenue of Centre, state and civic body and it is “one of the richest corporations in Asia.”

The court passed an order in an interim application in suo motu PIL raising concerns over the potholes in Mumbai and other civic areas in Maharashtra.

Justice Mohite-Dere for the bench said courts have reiterated about right to have roads in good condition a fundamental right under Article 21 of the Constitution. It was equally an obligation of the authorities to ensure they do not infringe such rights.

The court also slammed authorities for “blame game” and shifting responsibility to other authorities during pothole-related deaths. It added that despite several court directions and assurances by the state government that all agencies will be brought under overall control of Brihanmumbai Municipal Corporation (BMC) for maintenance of roads, “nothing tangible appears to have been done till date.”

The bench observed that a majority of persons sustaining injuries or losing lives due to potholes are two-wheeler riders belonging to middle and low-income groups and are often sole breadwinners of their families, therefore, their loss results in “irreparable financial and emotional hardship to their dependents.”

Stressing on the need for compensation, the HC said it will compel the state government and civic authorities “to put their house in order” by initiating action against errant officers and defaulting contractors/engineers and those responsible for “pathetic road condition.”

Noting that “potholes continue to remain a perennial problem,” the court said, “some roads in Mumbai, which have not been relaid for decades, still remain in good condition despite heavy rains, whereas newly constructed roads develop potholes within days of the onset of the monsoon.” This, the court said, “clearly indicates poor quality of materials and substandard workmanship in road construction.”

It said authorities, while awarding contracts, should ensure roads are constructed and maintained in such a manner that they do not require repairs for at least five to 10 years.

“Unless those responsible for pothole-related deaths and injuries are made personally accountable, and are compelled to bear monetary liability from their own pockets, they will not understand the gravity of the issue,” the court said. The HC said “roads riddled with potholes or in dangerous conditions endanger lives of citizens” and numerous accidents caused by bad roads “amount to violation of fundamental right under Article 21 of the Constitution .”

Posting further hearing to November 21, the HC sought compliance of its orders through a report including number of complaints received, action taken and disbursement of compensation by the civic bodies.