Theft of manhole lids: Deterrent action must, HC tells BMC, police

A division bench of Acting Chief Justice Nitin M Jamdar and Justice Arif S Doctor was hearing a contempt petition filed by lawyer Ruju Thakker. The petition alleged that BMC failed to implement High Court orders of 2018, which directed them to repair potholes along all arterial roads in Mumbai, and devise a uniform mechanism to redress citizens’ grievances related to bad roads and potholes.

Senior advocate Anil Sakhare, for the BMC, submitted that a review meeting was held on June 23 chaired by BMC Commissioner. The civic body said it has an existing SOP for covering manholes with covers or lids, and probable reasons for missing manholes include antisocial elements stealing manhole covers, leading to open manholes. BMC also said people, whose areas get flooded tend to open the manholes to allow storm water to recede immediately, which exposes people to the danger of falling into manholes.

Sakhare, on instructions from chief engineers present in court, stated that all manholes in Mumbai at present are covered and have a top layer/lid on it, and their maintenance is an ongoing process. He said if manhole covers are found to be missing, the civic body initiates a backup plan. He added that open manholes are guarded by an employee and measures taken for open manholes include barricading and setting up lights around them for night time. For the monsoon period, the BMC chief has directed that civic body officials take periodical rounds along various roads, and when open manholes are spotted, the covers are refixed or replaced within 12 hours, and never after more than 24 hours.

The civic body has further directed all its officials that even after all efforts, if an unforeseen mishap occurs, medical aid be promptly given to the affected persons in BMC hospitals or dispensaries nearby.

BMC further stated that no person other than an authorised BMC staffer shall open or remove a manhole cover, or strict action will be taken under sections 304, 308, 336 and other sections of IPC. Moreover, it said that public awareness notices will be printed in local newspapers regarding safety of manholes, adding that apps for raising complaints are also functional.

The bench, noting that if manhole lids are stolen, it will be considered “theft of public property”, told authorities to take it to a “logical end” with the help of police authorities concerned.

“Manhole stealing is a grave issue. Are you not checking with scrap dealers when manhole lids are stolen? It has to be taken seriously,” the bench questioned. The bench also noted that it is open to citizens if they wish to raise complaints when they find protective grills or manhole covers missing in their areas.

“According to us, deterrent action is necessary…” the bench said.

Government pleader PP Kakade representing the state government submitted that directions will be issued to traffic police and police authorities to consider actions against scrap dealers if they buy scrap related to manholes. The court also sought data from BMC regarding complaints and FIRs filed in case of stolen manholes.

The court will hear the plea next on July 24.