"Are Five Years Not Enough To Remove Potholes?": Bombay High Court Summons Six Municipal Commissioners In Contempt Plea

The Bombay High Court has summoned six Municipal Commissioners of the Mumbai Metropolitan Region on Friday to explain the poor condition of roads and open manholes.

The Municipal Commissioners include BMC, Kalyan Dombivali Municipal Corporation, Mira Bhayander Municipal Corporation, Vasai Virar Municipal Corporation, Navi Mumbai Municipal Corporation and Thane Municipal Corporation. The secretary of MMRDA has also been asked to remain present.

A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor were livid after learning about frequent accidents even five years after High Court's speaking order on the issue.

The court was hearing a contempt petition filed by Advocate Ruju Thakkar on the dismal condition of roads.

After the court was shown a news report on the potholes in Vasai - Virar, the Judge told the counsel,

"Are five years not enough to remove potholes?...You are in clear contempt. Your municipal commissioner should be present. Is this a regular feature during the monsoon?"

"We are in 2023 now, the judgment was passed in 2018, five years ago. There is a duty cast on you by the legislature. There may be many incidents of death which don't even get reported," he added.

The court further ordered an inquiry into the death of a 32 year old biker, who was allegedly run over by a dumper while trying to save himself from a pothole. The inquiry was ordered after the Kalyan Dombivali Municipal Corporation denied it was because of the pothole.

During the hearing, Thakkar submitted that the BMC claims to spend over Rs 2 crore on roads, so lack of funds in not an issue.

Advocate Jamshed Mistry further pointed out that the High Court's order in the Suo Motu PIL was very broad and spoke about the general condition of roads.

In the order the court noted that the contempt plea raises serious concern about the rising incidents of road accidents, sometimes causing death. "The reports depict the poor non-transportable condition."

In the orders passed earlier, the court noted, various directions were issued, and the State was directed to maintain the roads and footpaths. "In the said orders it was was also said that it is the responsibility of the corporation to keep the roads levelled and the corporation shall ensure potholes and ditches are properly filled. The said directions cast the duty on the municipal bodies," the court noted.

If further noted that in case of any untoward incident, or loss of life, the Municipal Commissioner and Chief engineer shall be held responsible.

"Despite aforesaid observation, it appears appropriate action has not been taken to ensure compliance and prayer has been made for contempt," the court noted before directing the officers to remain present.

Case Title: Ruju R. Thakker vs State of Maharashtra [Public Interet Litigation No. 71 Of 2013]

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