Bombay HC Says Poor Condition of Roads Man-Made, Criticizes State and Civic Bodies

The Bombay High Court on Friday held that deaths caused by poor road conditions, including potholes and manholes, are not natural occurrences but rather man-made.

The court underscored that it is the constitutional duty of the Maharashtra government and civic bodies to ensure well-maintained, drivable, and safe roads.

A division bench comprised of Chief Justice D K Upadhyaya and Justice Arif Doctor also reprimanded the state government for its inaction regarding a proposal made in court last year. The proposal suggested transferring all road maintenance and repair responsibilities within the city’s jurisdiction to the Brihanmumbai Municipal Corporation (BMC).

The bench was hearing a petition filed by advocate Ruju Thakker, which sought contempt action against civic authorities for failing to comply with the high court’s 2018 orders to fix potholes on arterial roads in Mumbai and nearby areas.

In response to directives issued earlier in the week, commissioners from various municipal corporations, including Mumbai, Thane, Kalyan Dombivili, Navi Mumbai, Vasai Virar, and Mira Bhayander, appeared in court on Friday.

The bench instructed all municipal corporations to submit detailed affidavits outlining the actions taken to fulfill the 2018 court order, which aimed to eliminate potholes and ensure well-maintained roads.

Addressing the issue, Chief Justice Upadhyaya asserted, “These incidents happen every day. They are man-made, not natural. The cause of these deaths is not natural. It is man-made. You (government and civic bodies) have to stop this. It is your responsibility. You have a constitutional obligation.”

The bench emphasized that it is not the court’s role to continually issue orders on such matters, highlighting the importance of proactive action.

BMC Commissioner Iqbal Chahal explained that heavy rainfall during the season had deteriorated road conditions. He noted ongoing efforts to concrete roads and repair potholes as needed.

However, the court expressed dissatisfaction, querying why the roads were unable to withstand the rains. Chief Justice Upadhyaya remarked, “The situation remains the same. The amount of work required is much more.”

Regarding the suggestion to hand over road maintenance to the BMC, the government pleader, P P Kakade, stated that a decision had not yet been reached.

The court responded, “Providing motorable safe roads is as much your responsibility as it is of the corporations. What have you done? The menace continues even today. The problem continues.”

To address open manholes, the bench directed the ward officers of each of Mumbai’s 24 wards to inspect and submit reports within three weeks.

The court ordered the state government and corporations to file affidavits and scheduled the next hearing for September 29, 2023.