Ensure no mishap takes place due to open manholes in monsoon: HC to BMC

After the BMC assured the HC that criminal cases would be initiated against scrap dealers who are found to be purchasing stolen manhole covers, the HC asked both BMC and the police to initiate deterrent proceedings as it was a theft of public property. The civic body had assured that it will be stationing a staff at the manhole that is opened during the rains apart from installing warning lights and barricades at the spot

Mumbai: The Bombay high court on Monday asked the Brihanmumbai Municipal Corporation (BMC) to ensure that there are no mishaps due to open manholes during the monsoon. The development came after the civic body assured the court that works on installing protective grills inside manholes would commence from October onwards.

The division bench of acting chief justice Nitin Jamdar and justice Arif Doctor, while hearing the petition, was informed by senior advocate Anil Sakhare for the BMC that a review meeting was held on June 23 which was presided over by civic chief Iqbal Singh Chahal. Sakhare submitted the minutes of the meeting which included a discussion on the suggestions by the bench to install temporary protective measures on all manholes. (HT PHOTO)

After the BMC assured the HC that criminal cases would be initiated against scrap dealers who are found to be purchasing stolen manhole covers, the HC asked both BMC and the police to initiate deterrent proceedings as it was a theft of public property. The civic body had assured that it will be stationing a staff at the manhole that is opened during the rains apart from installing warning lights and barricades at the spot.

The division bench of acting chief justice Nitin Jamdar and justice Arif Doctor, while hearing the petition, was informed by senior advocate Anil Sakhare for the BMC that a review meeting was held on June 23 which was presided over by civic chief Iqbal Singh Chahal. Sakhare submitted the minutes of the meeting which included a discussion on the suggestions by the bench to install temporary protective measures on all manholes.

Sakhare submitted that the BMC had an existing Standard Operating Procedure (SOP) for replacing damaged or stolen manhole covers and the same was in place since March 2014. He said that it was decided in the meeting to have regular rounds to inspect manhole covers in the city, especially the one which was stolen and pointed out by the petitioner.

Advocate Ruju Thakker had filed a contempt petition after the civic body failed to implement a 2018 order of the HC directing it to fill all potholes in the city and ensure that new potholes are fixed at the earliest. In the course of the hearing, the petitioner also brought up the issue of open manholes in various parts of the city, which posed a threat to the lives of the citizens, especially with the advent of the monsoon.

The bench was informed that missing manhole covers would be replaced within 24 hours of identification as a short-term measure and the civic authority had also put in place a citizen grievance system through which they could alert the BMC about missing covers or open manholes. Sakhare submitted that the same was widely publicised in English and regional language newspapers.

With regards to manhole covers being stolen, Sakhare informed the bench that the issue was also taken up in the meeting and it was decided to notify the concerned police station so that criminal proceedings could be initiated against concerned persons.

As regards the suggestions of the bench to install temporary preventive measures to avoid people falling into open manholes, Sakhare submitted that all manholes were covered in the city and the Sewage and Waste Department of the BMC was entrusted with the task of ensuring it. He also said that work on temporary measures would commence in October.

“During the rainy season, we will be manually surveying manholes and if any missing covers are noticed, there will be a barricade, light and one man will be assigned to the spot till the manhole is covered,” Sakhare said while replying to a court query.

Government pleader Priyabhushan Kakade assured the court that the Mumbai police would extend all help to the BMC in registering cases against scrap dealers found to be buying stolen covers and alerting the civic body if policemen noticed any damaged cover or open manhole.

The bench then asked BMC to inform it of the number of stolen covers and the FIR registered on the next date of the hearing. The bench also asked BMC if chains could be used to fix the top layer of the manholes and to inform it within three weeks. The matter has been posted for further hearing on July 24.