Road Accidents Due To Potholes: Bombay HC Summons BMC's Commissioner Along With Other Commissioners Of Civic Bodies
|The Bombay High Court while showing its concern over the accidents taking place on roads due to potholes, has issued summons to Commissioner, Municipal Corporation of Greater Mumbai and five other Commissioners of Municipal Corporations.
The Court has summoned the aforesaid civic chiefs to be present in court on Friday, i.e., August 11 for failure to comply with its directions to keep the roads safe and free of potholes.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S. Doctor directed, “… we require the presence of (i) Commissioner, Municipal Corporation of Greater Mumbai, (ii) Commissioner, Navi Mumbai Municipal Corporation, (iii) Commissioner, Kalyan Dombivali Municipal Corporation, (iv) Commissioner, Vasai Virar Municipal Corporation, (v) Commissioner, Mumbai Metropolitan Regional Development Authority, (vi) Commissioner, Thane Municipal Corporation and (vii) Commissioner, Mira Bhayander Municipal Corporation before the Court on 11th August, 2023 at 10.30 a.m. to explain as to why they should not be made liable for disobedience and non-compliance of the judgment dated 24th February and 12th April, 2018 passed by this Court in PIL No. 71 of 2013.”
The Bench observed that despite the mandatory directions issued by it, the newspapers have reported that the condition of the roads is not good and various potholes exist on the same.
Advocate Ruju R. Thakker appeared as a petitioner in-person and Amicus Curiae Jamshed Mistry was present. Government Pleader P.P. Kakade with Additional Government Pleader Abhay L. Patki and AGP M.M. Patbale represented the State and Senior Advocate A.Y. Sakhare represented the MCGM.
Raising serious concern about the rising incidents of road accidents taking place on the roads, sometimes causing death or injury, Amicus Curiae and the petitioner drew the court’s attention to various newspapers reports where such incidents were reported. The reports depicted the poor and non-transportable condition of the roads which sometimes became the cause of such accidents. The High Court in its order passed in December, 2022 noted its earlier judgment wherein various directions were issued to all the Municipal Corporations and other authorities as also the State Government to maintain the streets and roads, including footways/footpaths in good and proper condition.
In the said order, it was also observed by the Court that it shall be the responsibility of the Corporations to keep the streets and footways properly levelled and surfaced and further that Corporations shall ensure that potholes and ditches are properly filled in. The said directions were issued by the court keeping in view the statutory duty cast on the municipal bodies under various legislations. After noticing the directions contained in the order, the court very categorically observed that if any untoward incident results in loss of life or limb, the respective Municipal Commissioner(s), Metropolitan Commissioner, and Chief Engineer shall be held personally responsible.
The High Court in the above context noted, “Despite the aforesaid observations made by the Court, it appears that adequate measures have not been taken by the respective Corporations to ensure strict compliance of the order dated 24th February and 12th April, 2018. … It is in this backdrop that a prayer has been made by the petitioner to initiate contempt proceedings against the erring officials of the Corporations.”
The Court took note of an incident reported by the newspaper wherein a 32 years old bike-rider lost his life while dodging the pothole on a road and he was said to have been hit by a dumper and to have succumbed to death.
“In respect of the said incident in the affidavit filed on behalf of the Kalyan Dombivali Municipal Corporation (KDMC), it has been stated that the accident in which the motorcyclist died, did not occur on account of any potholes on the road, rather reasons for the accident are otherwise. The affidavit filed on behalf of the KDMC is taken on record”, said the Court.
The Court in view of the denial of the cause of death, as reported in the newspaper, by the KDMC, added that it needs to be ascertained if the death occurred on account of poor condition of the road.
“We, thus, appoint a Commission comprising of (i) Ms. Mansi Naik and (ii) Ms. Rashmi More, practicing lawyers of this Court, to execute Court Commission and ascertain as to whether the accident in which the motorcyclist died had occurred while he was trying to dodge the pothole on the road. The Advocate-Commissioners shall gather the necessary information by visiting the spot where the accident is said to have occurred. They shall also speak to the family members of the deceased, the people in the vicinity where the accident had occurred as also the officials of the KDMC”, ordered the Court.
The Court also observed that the reports mention uncovered/unguarded manholes which make pedestrians or anyone using the roads prone to accidents to the extent that even their life may be in danger.
Accordingly, the High Court listed the case on August 11, 2023.
Cause Title- Ruju R. Thakker v. State of Maharashtra & Ors.