Bombay High Court Revives PIL On Potholes And Poor Road Conditions

The Bombay High Court has stated that it would revive a Public Interest Litigation (PIL) on the issue of potholes in Mumbai and other districts in Maharashtra.

Today, a division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was pronouncing the judgment on a contempt petition filed by Advocate Ruju Thakkar alleging non-compliance of Court's order to maintain good road conditions by the BMC and other authorities.

While the Court disposed of the contempt petition, it stated that given the larger public interest and fundamental rights involved in the case, it would revive the PIL.

"We dispose of this Contempt Petition. But looking at the larger public interest involved, we re-open the main PIL. All respondents, therein, are ordered to file their compliance reports."

The Court had on a previous hearing indicated it would be disposing of this long-standing petition as the Court and other authorities were unable to focus on the main issue, as several intervenors were coming up during each hearing. The Court had opined that it would be difficult to try cases in such circumstances.

Several benches of the High Court, including, Justice Abhay Oka, Justice Shantanu Kemkar and then Chief Justice Dipankar Datta have passed orders in the case. It was claimed in the petition that the issue of potholes and poor conditions of roads repeats every year and despite detailed judgments, there is no compliance by authorities.

Notably, a bench led by Justice Abhay Oka (now Supreme Court Judge) had in May 2015 passed a detailed judgment in a clutch of petitions and a suo motu PIL pending since 2013, giving several directions to the State and also the civic authorities to give citizens pothole-free roads.

Further, in a suo moto PIL in 2018, the Court noted the poor conditions of the roads and issued a slew of directions in judgment dated 24th February and 12th April, 2018. The Court had issued directions to the Municipal Corporations, State Government and other authorities to maintain the streets, roads and footpaths in a proper condition.

In 2019, a contempt petition was filed by Adv Ruju Thakkar alleging non-compliance of the said judgment.

The Court will hear the main PIL on December 3, 2024.

Case title: Ruju R. Thakker vs. State Of Maharashtra And Ors. (CONPP/6/2019)