Yesterday, the Bombay High Court (HC) gave a verdict which is going to affect the functioning of the Mumbai Municipal Corporation and the Maharashtra State government in a huge way. The HC was hearing a Public Interest petition on the condition of roads in Mumbai city, which are full of potholes, and these potholes are becoming a cause of injuries and deaths to the general public who are travelling on these roads. A two-judge bench of Justices Revati Mohite-Dere and Sandesh D Patil gave the judgment.
Stressing on the need for compensation, the HC said it will compel the State government and civic authorities to put their house in order” by initiating action against errant officers and defaulting contractors/engineers. Observing that “the deplorable state of roads reflects the civic apathy despite crores of rupees collected through toll and other revenues”. The Bombay HC ordered the formation of committees across municipal corporations, councils and other authorities to identify people who have died or have been injured due to potholes or open manholes and decide on the compensation to be given to such victims after conducting inquiries.
The HC said in case of death caused by potholes or open manholes, Rs 6 lakh shall be paid to legal heirs of the deceased and in case of injury, the authorities are required to compensation ranging from Rs 50,000 to Rs 2.5 lakh on the gravity of injury. The compensation is required to be recovered from errant officers and/or contractors. The HC clarified that the said compensation will be “independent of, and in addition to, the remedies available to an aggrieved party under any other law. It also added that all potholes, once brought to the notice of authority, shall be attended within 48 hours, failing which department action be initiated.
“ Deaths and serious injuries caused due to potholes and open manholes have become a regular feature during monsoon. It is high time that civic authorities, along with the contractors entrusted with road maintenance, are held accountable for such death and injuries. We find no seriousness on the part of authorities in addressing this perennial problem. Unless civic authorities are made accountable, this tragic scenario will continue to repeat itself every year, only then will it serve as wake-up call for the agencies concerned”, the two judge bench observed in the order.
The bench said “there can be no justification whatsoever for bad and unsafe roads. Mumbai, being the financial capital of the country which contributes greatly to revenue of Centre, State and Municipal Corporation, and Mumbai Municipal Corporation is one of the richest Civic Corporation in Asia.”
The HC passed this order in an interim application in suo motu PIL raising concerns over the potholes in Mumbai and other civic areas in Maharashtra.
One of the judge of the bench said “The courts have reiterated about right to have roads in good condition a fundamental right under Article 21 of the Constitution. It was equally an obligation of the authorities to ensure they do not infringe such rights.
The HC also slammed authorities for “blame game” and shifting responsibility to other authorities during pothole-related deaths. It added that despite several court directions and assurances by the State government that all agencies will be brought under overall control of Brihanmumbai Municipal Corporation (BMC) for maintenance of roads, “nothing tangible appears to have been done till date.”
The bench observed that a majority of persons sustaining injuries or losing lives due to potholes are two-wheeler riders belonging to middle and low-income groups and are often sole bread winners of their families. Therefore, their loss results in “irreparable financial and emotional hardship to their dependents.”
Noting that “potholes continue to remain a perennial problem” the HC said, “some roads in Mumbai, which have not been relaid for decades, still remain in good condition despite heavy rains, whereas newly constructed roads develop potholes within days of the onset of monsoon.” This, the HC said, ‘clearly indicates poor quality of materials and substandard workmanship in road construction.” The court further added, the authorities, while awarding the contract, should ensure roads are constructed and maintained in such a manner that they do not require repairs for at least five to ten years.
“Unless those responsible for pothole-related deaths and injuries are made personally accountable, and are compelled to bear monetary liability from their own pockets ,they will not understand the gravity of issue. The roads riddled with potholes or in dangerous conditions endanger lives of citizen” and numerous accidents caused by bad roads “amount to violation of fundamental right under Article 21 of the Constitution.”
It is a good move by the HC to show the BMC how their working is endangering the lives of Mumbaikars, but will BMC’s working improve by the HC’s guidelines. The fact is BMC is the richest corporation in the country, and its annual budget exceeds the budget of so many State governments in the country. But in reality it is also the most corrupt municipal Corporation in the country. The penalty of few thousands or few lakhs hardly matter to the people working in the BMC. In my opinion along with monetary penalty there should also be rigorous imprisonment of few years, and suspension from the job.
Secondly the BMC has become to big a Municipal Corporation to administrate, in fact its neighbouring city Pune is having two Municipal Corporation, namely Pune Municipal Corporation (PMC) and Pimpri Chinchwad Municipal Corporation(PCMC). Then why can’t BMC should be divided to three Municipal Corporations, one for administration of Island City, second for administrating Western Suburbs and third to administrate Eastern Suburbs. To improve the administration of Mumbai city, it is imperative that government should think of dividing BMC.
Waiting for your feedback on this blog.
Anil Malik
Mumbai, India
14th September 2025