Bombay HC Initiates Suo Motu PIL To Hold Municipal Corporations Accountable For Accidents/Deaths Caused Due To Their Negligence, Award Compensation

The Bombay High Court has initiated a suo motu public interest litigation (PIL) to establish a system and determine accountability for awarding compensation in cases where accidents or deaths occur due to negligence by the municipal corporation and other civic bodies.

A division bench of Justice GS Patel and Justice Kamal Khata took suo motu cognizance of news reports and an article published in the Deccan Herald about two children, aged 4 and 5 years, who were found dead in a water tank that did not have a proper cover or lid.

“These three news reports raise a question of public law. What is the price of a human life in this city? Are the so called “budgetary constraints” of the BMC an answer for a failure to provide minimal safety precaution during civic works? There will be issues regarding civic responsibility, questions of negligence and financial responsibility as well, not just for the individual officers of the BMC but also for the Corporation as a body”, the court observed.

The bodies were discovered on April 1, 2024, after the children were reported missing by their father on March 31, 2024. The police had registered a kidnapping case on March 31, 2024 on their father's missing complaint, after they did not come home. As the police searched for them, the family found that the water tank had a paper cover that was torn. The two children had drowned in the tank. The report says that there is negligence.

An article dated March 20, 2024 in Hindustan Times reported that the Wadala Citizens Forum had complained repeatedly to BMC about the condition of the tank and that it posed a danger. The article stated that the BMC, in response to citizens' complaints, cited "budgetary constraints" and not enough funding as the reason for not providing a proper cover for the water tank.

The court has taken cognizance of this matter, observing that the questions of law in this PIL will affect every local body entrusted with the carrying out and maintenance of civic works in its jurisdiction throughout the State down to the Gram Panchayat level.

The court noted that the Railways have a policy and a dedicated tribunal for the purpose of compensation. Further, the court pointed out that the Brihanmumbai Electric Supply & Transport Undertaking (BEST), in its transport division, also has a policy for accidental injury or death.

“It seems to us inconceivable that a Municipal Corporation could have no responsibility or liability at all if it is demonstrated that an accident or a death has been caused due to negligence on the part of the Corporation concerned”, the court stated.

The court appointed Senior Advocate Sharan Jagtiani and Advocate Mayur Khandeparkar to assist the court as Amicus Curiae. The court directed the registry to register the Suo Motu PIL and issued notice to the BMC.

While acknowledging that the question of law involved is very wide, the court didn't issue notice to all Municipal Corporations or local bodies in the state at this stage, instead proposing to issue notice to the Advocate General of Maharashtra.

Once registered, the PIL will be presented before Chief Justice Devendra Kumar Upadhyaya for further directions and assignment.

Case no. – Suo Motu Public Interest Litigation (L) No. 11654 of 2024

Case Title – High Court in its own Motion In Re: Article dated 3rd April 2024 by Ms Jyoti Punwani, “Life comes cheap for India's richest Corporation” and lined Hindustan Times Newsreports v. State of Maharashtra & Ors