HC orders TMC, Palghar council to consider victim’s pleas for compensation

Referring to earlier court directions aimed at curbing civic negligence, the court noted that on October 13 it had ordered the formation of monitoring committees at multiple levels

MUMBAI: The Bombay high court has directed the Thane Municipal Corporation (TMC) and the Palghar Municipal Council to place two cases involving injuries and deaths caused by open manholes and poor road conditions before their monitoring committees to consider compensation for the victims and their families.

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The order was passed on December 15 by a division bench of justices Revati Mohite Dere and Sandesh D Patil while hearing a plea filed by advocate Ruju Thakker, who highlighted two recent tragic incidents within the jurisdictions of the two civic bodies.

One incident occurred on November 18 within the TMC limits, when a two-year-old boy was seriously injured after falling into an open, 20-foot-deep stormwater chamber near Dnyansadhana College in Thane.

The second incident took place in Palghar on November 23 when a local resident was killed and his colleague seriously injured after their scooter hit a large pothole, causing them to lose balance. According to eyewitness accounts cited in the petition, the deceased, Mangesh Desai, a private company manager, fell onto the road and was crushed under the rear wheels of a truck behind the two-wheeler.

Referring to earlier court directions aimed at curbing civic negligence, the court noted that on October 13 it had ordered the formation of monitoring committees at multiple levels. The move aimed at holding officials accountable and contractors responsible for poor road construction and maintenance across the state.

The high court had also directed all civic bodies and special planning authorities, including the Maharashtra Housing and Area Development Authority (MHADA), Maharashtra State Road Development Corporation Limited (MSRDC) and City and Industrial Development Corporation of Maharashtra (CIDCO), to pay ₹6 lakh within eight weeks to families of those who died in pothole-related accidents. For injured victims, the court ordered compensation ranging from ₹50,000 to ₹2.5 lakh.

The bench clarified that this compensation would be in addition to any other remedies available to victims or their families. It added that the amounts paid by civic bodies must be recovered from the contractors or people responsible for the defective roads or open manholes.

The court also directed the state government to set up permanent coordination and review committees at the city, regional and state levels. These committees will conduct annual pre-monsoon inspections, ensure repairs are carried out scientifically and on time, and review the performance of contractors and civic officials. Where shoddy work or corruption is found, the committees have been tasked with recommending penalties and blacklisting contractors.