'Unable To Focus, Come With Specific Issues': Bombay High Court Inclined To Close Plea Related To Potholes In Mumbai

The Bombay High Court on Friday expressed that it was inclined to close the proceedings stemming out of a contempt of court petition highlighting the issue of potholes across Mumbai and neighbouring cities.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar expressed that the court and also the authorities were unable to focus on the main issue as there are several intervenors coming up during each hearing.

"Whenever the matter is listed and heard, we see at least 10 intervenors come up to get impleaded. We cannot be just impleading parties in each hearing. Like this, we will not be able to adjudicate the issue even for days. Thus, we are of the opinion that continuing like this will not be possible as adjudicating the petition will consume too much of the court's time," the bench said.

The bench further opined that in such a situation, it becomes difficult to try such cases.

"Every day a new party will be coming in and we will only be impleading people daily. We lose our focus and even the authorities. So, we are inclined to close these proceedings. But yes, if a specific case comes, we will focus on it and even the authorities will then focus," the Chief Justice said.

Advocate Ruju Thakker appearing as a party in-person, highlighted the number of deaths that have occurred in Mumbai due to potholes. She argued that multiple litigants for a cause cannot be a reasoning to close down the ongoing proceedings. She argued that there has been a deliberate attempt by the civic officials, not to adhere to the norms.

However, the bench pointed out that the instant petition has served larger interest.

"It is not as deliberate (attempt not to comply with the orders) to attract contempt. It simply cannot be contempt. You can hold them liable for damages or any other things but that cannot be contempt," the Chief Justice told the petitioner.

However, Advocate Thakker urged the bench not to close the matter and she tried to highlight the gravity of the issue. The bench, however, said it will grant liberty to the petitioner to come afresh before it citing the genuine issues, if any.

The judges, also ordered Thakker to submit on record, any written submissions detailing her plea and said it will pass orders in the matter soon.