HC raps TMC over open manholes, warns of compensation for deaths

The court noted that despite its December 2 direction to the TMC and several state government agencies to file replies by December 15—along with responses from agencies such as PWD, MMRDA, traffic police and several others—the TMC had failed to submit its affidavit

MUMBAI: The Bombay High Court on Monday pulled up the Thane Municipal Corporation (TMC) over recurring deaths and injuries caused by open manholes and potholes, warning the civic body to “get their house in order” or face mounting compensation claims.

Bombay High Court (Anshuman Poyrekar/HT PHOTO)

A division bench of Justices Revati Mohite Dere and Sandesh D. Patil was hearing a contempt petition filed by advocate Ruju Thakker, in connection with a 2013 suo motu proceeding after five deaths were reported in two months within the limits of the BMC due to bad road conditions. The suo motu PIL was taken up after a then high court judge, Justice G S Patel, wrote a letter highlighting the “pathetic condition” of roads in and around Mumbai. More than a decade later, the court noted that despite “repeated judicial interventions since 2015”, the same issues reappeared every monsoon, pointing to the lack of sustained compliance and the negligence of public authorities.

Thakker filed the petition in 2019, exposing systemic failures across civic bodies, state agencies, and contractors responsible for road upkeep. The court, during multiple hearings since then, observed that although various government guidelines and complaint systems exist on paper, citizens continue to suffer injuries and even death due to potholes. Thakker cited recent incidents, including the death of a two-year-old boy who fell into a 20-foot-deep open storm water chamber in Thane on November 18, and a man killed in Palghar on November 23 after his scooter hit a pothole and he was run over by a truck. She also pointed to 18 alleged pothole-related deaths reported along Ghodbunder Road in Thane between January and October 2025.

The court noted that despite its December 2 direction to the TMC and several state government agencies to file replies by December 15—along with responses from agencies such as the Public Works Department (PWD), Mumbai Metropolitan Region Development Authority (MMRDA), traffic police and several others—the TMC had failed to submit its affidavit.

“Despite court orders passed from time to time for the municipal corporations to take action, every day such incidents are taking place. The roads and the footpaths in the city are going from bad to worse, while the authorities conveniently turn a blind eye and a deaf ear to these reports,” Thakker said.

The petition also included civic bodies across regions, such as Vasai Virar City Municipal Corporation (VVCMC), Bhiwandi Nizampur Municipal Corporation (BNMC), Brihanmumbai Municipal Corporation (BMC), Navi Mumbai Municipal Corporation (NMMC), and Kalyan Dombivli Municipal Corporation (KDMC).

During the hearing on Monday, the VVCMC informed the court that it had constituted a committee, as per the court’s directions in September of this year, to compile data on such deaths and had issued orders to fill potholes. “While no complaints have been received yet, we have issued orders for filling the potholes in the area”, it said. The civic body in Bhiwandi stated that it had received two complaints regarding open manholes and that proceedings were underway.

The Brihanmumbai Municipal Corporation (BMC) told the court that road concretisation works were ongoing in the city, while metro construction by multiple agencies had led to coordination issues. Some roads, it said, were constructed by private developers and did not meet civic specifications. Recording the affidavits filed, the bench also warned the BMC that non-compliance with court directions would “cost the corporation”. It also flagged poor coordination among agencies and suggested measures such as public awareness posters to prevent accidents.

The court directed the remaining municipal corporations and special planning authorities to file their replies by January 7, when the matter will be heard next.