HC summons 6 municipal commissioners in Mumbai Metropolitan Region over bad roads, uncovered manholes

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor raised serious concerns over the deaths caused due to potholes and unguarded manholes.

The bench was hearing a contempt petition filed by lawyer Ruju Thakker, alleging that the civic authorities had failed to implement the high court orders of February and April 2018, to repair potholes along all arterial roads in the city and devise a uniform mechanism to redress public grievances related to bad roads and potholes.

During the last hearing, the HC had directed BMC and the Mumbai Police to take deterrent measures against the theft of manhole covers, which is tantamount to theft of public property and is a grave issue.

The bench noted that despite its mandatory orders, news reports cited that conditions of existing potholes and uncovered manholes make pedestrians or anyone on the road prone to accidents.

The court said that in its order of December 2022, it was made clear that if any untoward incident happens, then the respective metropolitan commissioner and chief engineer shall be held responsible.

“Despite observations, adequate actions have not been taken to ensure strict compliance of orders of the court,” the court observed.

Therefore, it sought the presence of Commissioners of corporations of Mumbai, Thane, Navi Mumbai, Vasai-Virar, Kalyan-Dombivali, Mira Bhayander and Mumbai Metropolitan Region Development Authority (MMRDA) Commissioner during the hearing on Friday.

Moreover, the bench referred to the death of a 32-year-old motorcyclist in the Kalyan Dombivali Municipal Corporation (KDMC) area last month and said it needed to be ascertained whether the death was due to the poor conditions of roads.

The court appointed a panel of two lawyers to address concern as to whether the biker died because he was trying to dodge potholes on roads. The panel will gather information by visiting the accident spot, and speak to the family members of the deceased and officers of the municipal corporation.

“These are duties cast by legislation. It is five years since the order was passed and you (Corporations) have not been able to remove potholes. Unless officers are made personally liable, it won’t happen. People may have lost lives,” the bench said.

Advocate Jamshed Mistry, who is appointed as Amicus Curaie in the matter to assist the court pointed to news reports referring to incidents of death due to poor condition of roads.

The bench referred to news reports and observed, “They depict the poor non-transportable condition of roads, which sometimes becomes cause of certain accidents.”

It also observed that the Vasai Virar Municipal Corporation had not abided by HC directions.

Pulling up the BMC for not taking sufficient action pertaining to potholes and uncovered manholes, the bench said that the civic bodies appear to be in contempt of HC’s order of 2018. “It has been five years. Ideally before every monsoon, each civic body should conduct a survey of potholes and manholes. It is hardly a survey of 15 days,” the bench said.