HC summons civic chiefs across MMR, MMRDA commissioner over pothole-ridden roads

Observing that no action will be taken unless senior officials are made personally liable for pothole-ridden roads, the HC summoned them to court on Friday

MUMBAI: Exasperated at the state of roads in the city and suburbs, the Bombay high court on Wednesday summoned the civic chiefs of Mumbai and five other municipal corporations across MMR as well as the commissioner of Mumbai Metropolitan Region Development Authority (MMRDA). Observing that no action will be taken unless senior officials are made personally liable for pothole-ridden roads, the HC summoned them to court on Friday.

Mumbai, India - February 04, 2023: BMC commissioner Iqbal Singh Chahal addresses a press conference after presenting the BMC Budget 2023-24 at BMC Headquarters, in Mumbai, India, on Saturday, February 04, 2023. (Photo by Anshuman Poyrekar/ Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

Apart from the commissioner of the Brihanmumbai Municipal Corporation (BMC), the division bench of chief justice D K Upadhyaya and Justice Arif Doctor has also summoned chiefs of the municipal corporations of Thane, Vasai-Virar City, Kalyan-Dombivli, Navi Mumbai and Mira-Bhayandar.

The senior bureaucrats have been asked to remain present on Friday “to explain as to why they should not be made liable for disobedience and non-compliance” of the HC judgments of 2018, in which the court had issued directions to all the municipal corporations across MMR and other authorities as well as the state government to maintain roads and footpaths in proper condition. The bench said the commissioners are in contempt of court as they have not complied with the court orders.

The court on Wednesday noted that the earlier judgement had observed that it is the responsibility of the corporations to keep the streets and footways properly levelled and surfaced and ensure that potholes and ditches are properly filled. It categorically stated that, “if any untoward incident results in loss of life or limb, the respective municipal commissioner, metropolitan commissioner and chief engineer shall be held personally responsible”.

The bench questioned the civic bodies’ inaction and said, “It has been five years since the first order was passed on the issue in 2018 and still the civic bodies have not been able to remove potholes.”

On Wednesday, amicus curiae Jamshed Mistry and petitioner Ruju Thakker mentioned several newspaper reports which highlighted how roads across MMR are pothole-ridden and how they were leading to accidents and loss of lives and limbs.

The bench took note of a newspaper report submitted by them, which highlighted the death of a 32- year-old biker who lost his life while dodging a pothole on a road last month. “He is said to have been hit by a dumper and to have succumbed to death,” the bench noted. The Kalyan Dombivali Municipal Corporation, however, maintained that the accident did not occur because of any potholes, but because of the narrow road and traffic congestion.

The court then appointed a two-member commission to enquire into the incident. “In view of the denial by KDMC of the cause of death, as reported in the newspaper, we need to ascertain if the death has occurred on account of poor condition of the road,” the court said and appointed advocates Mansi Naik and Rashmi More to ascertain whether the accident had occurred while the victim was trying to dodge potholes on the road. The advocates have been asked to visit the spot, speak to the family members of the deceased and others concerned and submit a report to the court.