Civic bodies must be made to pay for citizens’ loss due to potholes: HC

The Bombay High Court ordered municipal corporations to gather data on pothole-related deaths and injuries, holding them liable for citizens' losses.

MUMBAI: Observing that the municipal corporations must be made liable to pay for the loss caused to citizens, due to potholes, including loss of lives and limbs, the Bombay High Court on Friday directed municipal corporations across the state to collate and submit data regarding such deaths which have occurred within their respective jurisdictions.

Mumbai, India - July 3, 2019:Pothole Repiring work going on at Pratiksha Nagar sion in Mumbai, India, on Wednesday, July 3, 2019. (Photo by Vijayanand Gupta/Hindustan Times) (Vijayanand Gupta/HT Photo)

Admonishing the local bodies, the division bench of Justice Revati Mohite-Dere and Justice Sandesh Patil said it was high time the municipal corporations started to take this issue seriously.

“This is the apathy that we see… the municipal corporations are not at all serious about the issue,” the court said. “Municipal corporations must be made liable for this. They must pay for the loss caused to the citizens,” said the division bench.

“We want all the data regarding deaths and injuries from road accidents that were caused due to poor conditions of the roads. All the municipal corporations must be made liable for the expenses,” the judges said, asking why people should suffer without any fault on their part.

The court was hearing a suo moto public interest litigation (PIL) about worsening road conditions after five deaths in the past two months were reported within the limits of the Brihanmumbai Municipal Corporation (BMC).

Advocate Ruju Thakker, who filed a contempt petition in suo moto proceedings told the bench that at least five deaths linked to pothole-related accidents have been reported across various municipal corporations. She pointed out that two fatalities occurred within Bhiwandi-Nizampur Municipal Corporation limits, one in Mumbai and another in Thane, while stressing that these were only the incidents reported in newspapers and there could be many more unrecorded cases.

Jamshed Mistry, amicus curiae (a lawyer appointed to help the court, literally friend of the court) in the matter, further submitted that, beyond the fatalities, a large number of people have also suffered serious injuries due to potholes, and urged the court to seek comprehensive data on such cases.

“We want to know how many deaths there have been. All the municipal corporations must gather the data and file an affidavit disclosing the same. Even the MSRDC (Maharashtra State Road Development Corporation), which has a few roads and flyovers under its care, must file an affidavit regarding deaths that have taken place on those roads and flyovers,” the court said.

The judges added that they also want the police to go through their records and come up with data by September 18. “You will also have data of ambulances which have responded to distress calls due to pothole accidents,” the court told the government lawyer.

“This wasn’t reported in the news, but a few days back, a container being hauled by a truck fell due to potholes on the road within the limits of Mira Bhayander Municipal Corporation. Although no one was hurt, it is someone’s source of income and may be the only one,” the court remarked. “Who is responsible for all of this? Who will pay the medical expenses of the injured?”