‘Mumbai can't continue to suffer’: HC asks BMC to ensure no manhole deaths this monsoon

Bombay High Court criticizes BMC for neglecting dangerous manholes, urging immediate action to prevent deaths during monsoon amid ongoing safety failures.

Expressing serious concern over the Brihanmumbai Municipal Corporation’s (BMC) “casual” approach towards open or dangerous manholes that continue to claim lives, particularly during the monsoon, the Bombay High Court on Monday said the civic body’s failure to resolve the issue for over two decades was unacceptable.

People walk through the Rain at Bandra Bandstand, in Mumbai. (HT Photo/Bhushan Koyande)

“The city cannot continue to suffer; it needs to end,” observed a division bench of Justice A S Gadkari and Justice Kamal Khata, while seeking an assurance from the BMC that no human life would be lost due to open manholes during the ongoing monsoon. “It’s high time that the BMC wakes up to reality and finally puts an end to this issue,” the bench remarked, recording the civic body’s statement that no deaths due to manholes would occur this year.

The observations came during the hearing of a contempt petition filed in 2019 by advocate Ruju Thakker, alleging systemic failures by civic bodies, state agencies and contractors responsible for road maintenance across the Mumbai Metropolitan Region (MMR).

The contempt plea stems from a 2013 suo motu public interest litigation initiated after five people died within two months due to the poor condition of roads within BMC limits. The proceedings were triggered after then Bombay High Court judge GS Patel wrote to the court highlighting the “pathetic condition” of roads in and around Mumbai.

Appearing before the court, Thakker submitted that despite the high court’s 2023 directions requiring civic bodies across the MMR to replace damaged or stolen manhole covers within 12 hours and immediately barricade such locations, more than 3,000 manholes are still without covers or protective grills. “How much time do they need to comply with the court’s orders?” she asked.

While the BMC’s counsel submitted that the corporation was making every effort to ensure public safety, the bench noted that despite repeated judicial directions over the past 20 years, the issue resurfaces every monsoon. The judges also questioned the civic body’s failure to install protective grills on all manholes.

Over 70,000 manholes

The BMC informed the court that protective grills have been installed on over 70,000 manholes, while work on more than 3,000 remaining manholes is underway. It further submitted that roads are surveyed every month and officials are taking all necessary steps to address defects.

The bench, however, expressed surprise that inspections were being conducted only once a month.

“What? Why every month? Why not continuously? BMC needs to wake up,” the judges remarked.

Drawing comparisons with road infrastructure abroad, the bench observed that roads in several major cities across the world are scientifically constructed, allowing vehicles to travel at speeds of 100 kmph without encountering a single bump.

The court also remarked that road conditions in Thane were even worse than those in Mumbai and separately pulled up the Thane Municipal Corporation (TMC) for failing to pay compensation to victims of pothole-related accidents. Noting that compensation of ₹6 lakh had remained unpaid to one petitioner for six months, the bench questioned the civic administration’s apathy.

“Is your commissioner so casual about someone’s death that he does not have time to pay compensation? What is your commissioner busy with?” the judges asked, directing the TMC to release the compensation by next week without any excuses. The court also directed the BMC to furnish data on FIRs registered in cases involving theft of metal manhole covers and posted the matter for further hearing on July 6.