Bombay HC takes note of HT reports on lack of municipal accountability in mishaps

A division bench comprising Justice GS Patel and Justice Kamal Khata took suo motu cognisance of HT’s reports

Mumbai:  The Bombay High Court has initiated a suo motu public interest litigation (PIL) to address the issue of accountability and compensation in cases of accidents or deaths due to negligence by municipal corporations and other civic bodies. This move comes in the wake of investigations by the Hindustan Times, shedding light on alarming incidents of negligence.

The Bombay High Court. (HT photo.)

A division bench comprising Justice GS Patel and Justice Kamal Khata took suo motu cognisance of HT’s reports and an article published in the Deccan Herald, highlighting the tragic case of two children, aged 4 and 5 years, found dead in a water tank lacking a proper cover.

Raising questions about the value of human life in the city and the accountability of civic bodies, the court remarked, “What is the price of a human life in this city? Are budgetary constraints an excuse for failing to ensure minimal safety precautions during civic works?”

The court’s decision stems from an HT report dated 20 March 2024, which detailed how the Wadala Citizens Forum had repeatedly warned the Brihanmumbai Municipal Corporation (BMC) about the hazardous condition of the water tank. Despite these alerts, the BMC cited budgetary constraints as the reason for not addressing the issue, as reported by HT.

Highlighting the broader implications of the PIL, the court emphasised that the questions of law raised would impact every local body responsible for civic works, from municipal corporations to Gram Panchayats, throughout the state.

Drawing attention to existing compensation policies in other sectors, such as railways and transportation, the court expressed incredulity at the notion that municipal corporations would have no responsibility or liability for accidents or deaths caused by their negligence.

To assist the court in this matter, senior advocate Sharan Jagtiani and advocate Mayur Khandeparkar have been appointed as Amicus Curiae. The court directed the registry to register the suo motu PIL and issued notice to the BMC.

While acknowledging the wide-ranging legal implications, the court opted not to issue notices to all municipal corporations or local bodies at this stage, instead proposing to notify the Advocate General of Maharashtra.

Once registered, the PIL will be presented before Chief Justice Devendra Kumar Upadhyaya for further directions and assignment.