The Bombay High Court has lambasted the Brihanmumbai Municipal Corporation (BMC) over its continued failure to address the issue of pothole-ridden and poorly maintained roads in Mumbai, observing that the civic body had failed to resolve the problem for nearly two decades despite repeated judicial interventions.
The Division Bench of Justice Ajay Gadkari and Justice Kamal Khata orally observed on Monday that the situation reflected administrative apathy and systemic failure in municipal governance, particularly in the discharge of statutory obligations relating to road maintenance and urban infrastructure. The Court remarked that it was time for the civic body to “wake up” to the ground reality and ensure effective remediation of recurring infrastructural defects affecting commuters.
During the hearing, the Bench referred to earlier judicial directions, including orders passed in 2006, and noted that despite such directions and continued monitoring by the Court, the condition of roads in Mumbai remained largely unchanged. The judges observed that commuters travelling across the city continued to experience severe inconvenience due to potholes and uneven road surfaces, indicating a failure in ensuring safe and motorable roads under municipal responsibility.
The Bench also made comparative observations regarding road infrastructure in other global cities, noting that scientifically engineered road networks allow smooth vehicular movement, and indirectly highlighting deficiencies in urban planning and quality control standards in Mumbai’s road construction and maintenance regime.
The Court further observed that similar concerns were visible in Thane as well, although conditions had been relatively better earlier. It was also orally remarked that sustained maintenance in certain periods was historically linked to judicial oversight by previous Benches.
The observations were made after the BMC, through its counsel, submitted that the corporation had been undertaking measures to ensure public safety and prevent accidents arising from potholes and open manholes. The civic body also claimed that preventive and corrective steps were being implemented as part of its municipal safety and infrastructure management framework.
The Bench also took note of compliance relating to installation of protective grills beneath manhole covers across the city. The Court was informed that such safety mechanisms had been installed in over 70,000 manholes, while work was still pending in approximately 3,000 locations. The judges clarified that their primary concern was prevention of loss of human life due to infrastructural negligence, particularly accidents involving open or improperly secured manholes.
In strong oral remarks, the Bench emphasised accountability in municipal governance and stated that it was concerned primarily with whether fatalities were occurring due to civic negligence, rather than with statistical compliance or budgetary explanations provided by the civic body.
The Court also referred to a recent viral incident involving a BMC official who reportedly fell at a site during inspection in the presence of the Mayor. The civic body clarified that the incident did not involve an open manhole but occurred at a water pumping station, stating that the officer had mistakenly stepped into the structure due to crowd movement during inspection activity.
The Bench further sought clarity on whether the mobile application system developed for lodging complaints regarding potholes and open manholes was functional and effectively operational. The BMC was directed to file a detailed affidavit explaining the functionality of the application along with documentary and photographic evidence demonstrating complaint redressal mechanisms and compliance status.
The Court also directed the civic body to place on record details regarding FIRs registered in cases of theft of metal manhole covers, noting that such incidents directly impact public safety and urban infrastructure integrity.
In addition, the Bench took up a grievance raised by the petitioner’s counsel regarding non-payment of compensation to the family of a doctor who died after falling into a manhole. It was noted that compensation of Rs 6 lakh, previously directed by an earlier Bench, was yet to be disbursed. The Court expressed strong displeasure over administrative delay and questioned the conduct of the concerned municipal authorities, terming the approach as casual and inconsistent with the seriousness of a fatal incident.
The Court observed that the compensation approval mechanism, being a statutory and welfare-oriented function, required urgency and procedural efficiency, and suggested that meetings of the concerned committee could be conducted through digital means if required. The Bench directed that the compensation be released without further delay and indicated that no further excuses would be entertained.
The matter has been posted for further hearing on July 6.
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