High Court On Its Own Motion v. The State of Maharashtra & Ors.

(xi) If the Committee appointed under the Government

Resolution dated 28th September, 2012 has not submitted its recommendations, the same shall be submitted to the State Government on or before 30th June, 2015. If the Committee has already submitted its recommendations before the date of passing this order, the State Government shall take appropriate policy decision on the basis of the said recommendations on or before 30th June, 2015;

(xii) We direct the Municipal Corporations and other agencies involved in the maintenance of roads to ensure that modern scientific techniques are used for construction of the streets, for maintenance thereof and for carrying out repairs thereto. The SQ Pathan 8/77 authorities shall consider of taking assistance of the ninth Respondent on this aspect. The directions issued by this Court in the matter of entering into contracts shall continue till further orders;

(xiii) While filing compliance affidavits recording the compliance with the aforesaid directions, all the Municipal Corporations which are parties to this Petition, Public Works Department of the State Government, MMRDA, MSRDC and Mumbai Port Trust shall set out the details and particulars of the methods/techniques used by them for construction, maintenance and repairs of the streets. The affidavits to state the measures taken by the Authorities to maintain a strict quality control of the said works. The measures taken by the Authorities to ensure that the contractors maintain requisite standards shall be also set out in the affidavits. Compliance affidavits recording the compliance of the aforesaid directions shall be filed on or before 6th July, 2015;

(xiv) We direct the Municipal Corporations and the other agencies involved to issue circulars to its officers and members of the staff dealing with the work of maintenance of streets for putting them to notice that the failure to maintain the public roads, footpaths and bridges in proper condition may lead to loss of human lives, loss of valuable working hours and waste of valuable fuel apart from the inconvenience caused to the citizens. They shall be made aware that the right to have properly maintained streets is a fundamental right of citizens. The circulars shall state that a disciplinary action will be initiated against the erring officials;

(xv) The State Government shall consider of issuing directions to all the other Municipal Corporations which are not the parties to the Petition to implement these directions of this SQ Pathan 9/77 Court;

(xvi) For considering the compliance affidavits and for issuing further interim directions, the Petition shall be listed on 10th July, 2015 under the caption of “Directions”;

(xvii) In the meanwhile, we expect the the tenth and eleventh

Respondents and the Intervenor to bring to the notice of all concerned authorities the deficiencies and defects in the streets. If they find that their complaints are not acted upon by the concerned authorities, we grant liberty to them to move this Court for seeking further interim directions;

(xviii) We make it clear that these directions will apply to the public streets as defined under the said Act of 1888 as well as the said Act of 1949. Thus, the same shall apply to foot-ways/footpaths as well;

(xix) All concerned to act upon an authenticated copy of this order.” (emphasis supplied)

3 It appears that when the aforesaid PIL came up before this Court on 10th July 2015, this Court observed that although several directions had been issued against the State Government, most of them had not been complied with. The affidavits filed by some of the respondents disclosed only partial compliance. In fact, in paragraph 4 of the said order, this Court noted as under: SQ Pathan 10/77

6 This Court, by the very same order dated 7th 2015 directed all the authorities to ensure that the Government August 2015 is effectively and fully implemented. This Court noted that the MCGM, MMRDA and other authorities in their affidavits, had stated that all of them had provided a Grievance Redressal Mechanism in different forms; that some of Corporations had provided a mechanism for uploading the photographs of potholes on websites as well receiving complaints thereof on Cell Phone by providing facility of uploading photographs. Again, this Court in para 11, noted that the suggestion of this Court “to provide a single window system was in view of the fact that within one municipal area, there are different authorities having jurisdiction on different stretches of roads”. Accordingly, the petition was adjourned to 21st August 2015. The Court further noted that in the event, it is found that the mechanism provided in the Government Resolution dated 4th August 2015 is not fully and effectively functional, appropriate SQ Pathan 17/77 directions will be issued on 21st August 2015. In Para 13 of the very same order, this Court noted as under:

In para 14, the Court further observed as under:

8 On 11th September 2015, City Industrial Development Corporation of Maharashtra Limited (CIDCO) and Ulhasnagar Municipal Corporation were impleaded as party respondents. In SQ Pathan 18/77 paragraphs 6 and 7 of the order dated 11th September 2015, this Court observed as under:

9 On 26th April 2016, this Court noted that the toll-free line is not working since January, 2016 and that the website was closed. The same was pointed out by the intervenor. Accordingly, the respondent Corporations were directed to ensure that the tollfree line was revived, so that, complaints be received and attended to by the Corporations. Vide order dated 26th April 2016, this Court appointed Mr. Jamshed Mistry as an amicus curiae to assist the Court in the aforesaid PIL. In paragraph 6 of the order dated SQ Pathan 19/77 26th April 2016, this Court noted as under:

10 It appears from the order dated 8th June 2016 that the road between the Mankhurd Junction on the Eastern Express Highway which was under construction, was at its final stage of completion and was to be open for the public on or before 15th June 2015.

11 On 22nd June 2016, this Court, in paras 16 and 20 noted as under:

12 On 8th July 2016, the Indian Road Congress through the Department of Ministry of Road and Surface Transport was directed to be joined as party Respondent and notice was issued to the Indian Road Congress. Similarly, the Respondent-Central Road and Research Institute(CRRI) submitted that there were many advanced methods of repairs of potholes which deserves to be explored by the Municipal Corporation for proper and effective SQ Pathan 21/77 repairing of potholes. He placed on record a document showing various advanced methods for repairing of potholes. Learned counsel for Respondent-Corporation submitted that out of nine methods suggested, few methods were already tested and were not found feasible and reliable and in some of the methods, the cost was too high. The learned counsel for the Corporation further submitted that in some of the other methods, the verification would be done and if found appropriate, feasible and practicable, the same would be used for repairs of the potholes and that the said methods would be discussed in the Committee Meeting, which was scheduled on 13th July 2016.

13 During the hearing, it appears from the order dated 8th July 2016 that the learned counsel for the Corporation had submitted that the allegations that the roads at various places were in very bad shape, the Respondent-Corporation would forward the complaints to the concerned department and ensure that appropriate action was taken on those complaints. As regards the SQ Pathan 22/77 grievance of the Petitioner that the system of Mobile App known as “MCGM 24 x 7” was not properly working and that the photographs sent through the said App were not being uploaded despite repeated efforts, learned senior counsel for the Corporation had submitted that all steps and efforts would be taken to see that the said system works as early as possible. Learned counsel for the Corporation undertook to explore the possibility of other workable system for receiving the complaints and photographs vis-a-vis the condition of roads and potholes. Infact, the Court, in Paragraph 6 of the said order noted, “We expect from the Respondent-Corporation as also from PWD and MMRDA that they adhere to the guidelines issued in the said circular dated 4th July 2016 while attending the repairs of potholes and carrying out the road repair works.”

14 In Paragraphs 7 to 10 of the said order dated 8th July 2016, it was also observed as under: SQ Pathan 23/77

15 On 15th July 2016, the counsel appearing for the SQ Pathan 24/77 Municipal Corporation submitted that five agencies had been shortlisted as suppliers of materials required for the repair of potholes, along with two additional names suggested by the Corporation, apart from those recommended by the CRRI. He submitted that the Corporation will get the material from them on trial basis and use it for repair of the potholes within a week and if results are found to be satisfactory, the Corporation shall finalise the said material. It is also recorded in the said order dated 15th July 2016, that learned amicus curiae had submitted that “MCGM 24/7” system was not functioning properly.

16 The Court in its order dated 15th July 2016 directed the Corporation to provide WhatsApp facility in addition to the existing MCGM 24/7 system and in that regard notify the mobile numbers of the Road Engineers of each of the 24 Wards informing to the public at large through proper publicity by all available modes including in newspapers that on these mobile numbers WhatsApp facility will be available to the public at large for SQ Pathan 25/77 lodging their complaints and upholding photographs relating to potholes. It further noted that the officers of the Corporation on receipt of such complaints shall act with all promptitude to redress the complaint itself or to forward the same to PWD or MMRDA. Learned amicus curiae had also placed on record that the pothole repairing is not being done by the Corporation in a manner in which it ought to have been done. It was also pointed out to the Court that between Mulund and Ghatkopar on Eastern Express Highway, there are about 50 manholes which are open and which are not been guarded and that no sign board or barricading of them has been made. Pursuant to the said submission the learned Government Pleader had pointed out that 70 manholes have been barricaded and in regard to the rest 50 manholes, appropriate steps for barricading them or covering them will be carried out within one week.

17 In Paragraphs 5 and 7 of the said order, it was held as under: SQ Pathan 26/77

18 This Court thereafter in its order dated 29th July 2016 noted that the State Government in its affidavit filed of the Executive Engineer Road Development in compliance of the order passed on 15/07/2016, the Executive Engineer Road Development Division No. IV, Andheri (West), Mumbai had stated that earlier SQ Pathan 27/77 all potholes of the Express Way were repaired but due to heavy monsoon for a few days, some new potholes were observed and same were filled up by bituminous cold mix and with polymer asphalt cold mix and the work of covering the potholes was over on 27/07/2016. It was further stated that the Express Way road is now motorable and commuters would now use it. This Court further noted the contentions of the learned AGP that due to heavy rain, out of total potholes to the extent of 3247, the balance 137 potholes were still to be repaired. The Court thus noted that still a large number of potholes are to be filled.

19 The Court in paragraph 2 of the order dated 29th July 2016, observed as under:-

20 On 25th October 2016, this Court in paragraphs 4 and 5 observed as under:

21 Again on 8th December 2016, this Court in paragraphs 3 to 5 observed as under:

22 On 27th February 2017 this Court observed that the petition is pending since 2013 regarding the problems of potholes, which are recurring in every monsoon and that no progress has been made so far and that after the first rain, the potholes emerged through out the city, making the life of all the vehicle owners miserable. It was further noted that despite several orders having been passed from time to time by several Benches of this Court, from June, 2016 onwards, the number of potholes have again emerged and it has been reported in the newspapers that several people died as a result of these potholes, more particularly, those who were traveling on two wheelers. It was further observed that all the departments of the Government shall inform this Court as to what steps they have taken to ensure that in coming monsoon the potholes problems will not occur and what other steps need to SQ Pathan 31/77 be taken to ensure that proper coordination is made between all the departments, which look after the public utilities.

23 In Paragraph 6 of the said order dated 27th February 2017, it was observed as under:

24 This Court in paragraph 2 of the order dated 10th March 2017 noted that Mr. Sanjay Deshmukh, Additional Municipal Commissioner, MCGM had made a presentation and pointed out, that almost 1941 Kms of roads are maintained by MCGM, out of which 650 Kms (35%) are concretized. It was also pointed out that MMRDA has control over 15 kms of Bandra- SQ Pathan 32/77 Kurla Complex's internal roads and PWD had control over 63 Kms of roads viz: Western Express, Eastern Express Highway and road between Mankhurd to Vashi Creek Highway. In the presentation, it was further pointed that MSRDC had control over

24 Bridges/flyover/skywalk in the City area, etc. and MBPT has control over 26.63 Kms of roads in Port Trust area. The presentation which was given pointed out the Project Works that were undertaken and the preventive measures to be taken prior to monsoon as well as the measures which were to be taken for improvement of roads and the priorities to be addressed by the Additional Municipal Commissioner.

25 In the aforesaid order it was also noted in paragraph 4 as under:- “4] ….. We are informed by the Principal Secretary, PWD that work of concretisation of roads under their control is being undertaken and in the next ten years, there should be no problem with respect to maintenance of the said roads. He has also informed us that, so far, no complaints have been received regarding fly overs which SQ Pathan 33/77 are maintained by MSRDC which does its work under the supervision of PWD.”

26 To address the issues raised by the various authorities, this Court was of the view that the suggestions given by the learned amicus curiae Mr. Mistry may be taken into consideration by the Corporation, considering the grievance made by the authorities that the Corporation does not get sufficient time to repair the roads as there are restrictions in carrying out repairing of work during the night time. Infact, after seeing the presentation given by Mr. Deshmukh, Additional Municipal Corporation and the assurance given by the Corporation, including PWD and Traffic Department and the other allied Agencies, this Court noted that there is a ray of hope that in the coming monsoon, citizens will have pothole free roads. This Court also observed that however, it was necessary to monitor the roads to see whether the time schedule mentioned in the presentation is adhered to. It was also noted in the said order by the authorities that the Contractors may be made accountable for the roads which are constructed by them SQ Pathan 34/77 and that the officers who gave a certificate in respect of the roads also should be made accountable.

27 On 3rd August 2017 this Court in paragraphs 2 and 4 observed as under:

29 This Court in paragraph 5 of the order dated 8th November 2017 observed as under:

SQ Pathan 36/77

30 On 19th January 2018 the Member Secretary of the Maharashtra State Legal Services Authority tendered recommendations dated 19th January 2018 submitted by the Committee of two Honourable Judges of this Court constituted vide order dated 8th November 2017.

31 On 24th February 2018 and 12th April 2018 this Court vide its judgment and order gave the following directions: “46(ii) The directions contained in clauses (ii) to (xi) of paragraph 34 of the judgment and order dated 20th May 2015 will operate as the final directions with following modifications: (A) All the Municipal Corporations, MMRDA, MSRDC, CIDCO and MBPT as well as the State Government shall maintain all the streets/roads including footways/ footpaths within its respective jurisdictions in good and proper condition. It shall be their responsibility to keep the streets and footways properly levelled and surfaced. It shall be their responsibility to ensure that potholes and ditches thereon are properly filled in. The work of filling in the potholes shall be carried out scientifically as an ongoing project; (B) While granting permissions to various authorities to do digging work on the streets, a condition shall be incorporated by all the Municipal Corporations/other Authorities of prominently displaying at the site of the work the following details:- (a) the name, address and contact details of the agency SQ Pathan 37/77 which is doing the digging work and (b) the extent of the digging work permitted and (c) the period within which the work shall be completed. The display boards shall also record the outer limit within which the streets shall be restored to its original condition. Similar Boards shall be displayed at the sites where major repair/reconstruction work of streets is undertaken;

(C) All the Municipal Corporations as well as MMRDA,

MSRDC, CIDCO and MBPT shall set up a Grievance Redress Mechanism to enable the citizens to file complaints about the poor conditions of streets. The complaints shall be received by various modes including the following four modes: (a) Complaints in writing received at designated centers and in offices; (b) Complaints received through dedicated toll free number/s;

(c) Complaints received through dedicated website; and

(d) Complaints received by messages via cell phones.

(D) The facility of receiving complaints by the aforesaid methods shall be made available throughout the year. The dedicated websites shall be designed or improvised in such a way that citizens are able to upload the photographs showing the potholes on the streets or poor condition of streets on the website. Arrangement shall also be made to receive such photographs through cell phones. The websites shall be friendly to persons with visual disability; (E) System of tracking shall be made available to track the actions taken on the basis of the complaints received by all four methods. Tracking facility shall be made available on the dedicated websites. Final action taken report on the basis of the SQ Pathan 38/77 complaints shall be uploaded on the websites within a period of three weeks from the date of receipt of the respective complaints. Wherever the citizens have forwarded the photographs of the sites either through cell phones or by uploading the same on the dedicated websites, along with the final report, photographs showing compliance made by carrying out repairs shall be also uploaded on the dedicated websites. All the Municipal Corporations and Authorities shall ensure that the mechanism in terms of the above directions is effectively made available latest by 31st July, 2018. We make it clear that till the mechanism as directed above is provided, the existing mechanism, if any, shall continue to function; (F) In addition, the State Government shall create a similar centralized mechanism common for all the Municipal Corporations and Councils as well as all the Planning and other Authorities in relation to the streets in the State. The State and the Mumbai Municipal Corporation shall also consider whether complaints can be received on a website www.voiceofcitizents.doc. It shall be the obligation of the State to forthwith forward the complaints received through centralized mechanism to the concerned authorities which are responsible for the maintenance and repairs of the concerned stretches of streets. Such mechanism shall be made available on or before 31st July 2018; (G) A very wide publicity shall be repeatedly given by all concerned authorities to the mechanism provided as aforesaid in all leading newspapers, at strategic locations on major streets, in various ward and other major offices as well as on the electronic media on of before 1st August 2018; (H) If the Committee appointed under the Government Resolution dated 28th September, 2012 has not submitted its recommendations, the same shall be submitted to the State Government on or before 31st July 2018. The State Government shall take appropriate policy decision on the basis of the said recommendations on or before 31st August, 2018; SQ Pathan 39/77

(iii) In view of the provisions of the Right of the Persons with

Disabilities Act, 2016, necessary steps/ precautions shall be taken by the all the concerned Authorities for protecting the rights of visually impaired persons as observed in the body of this Judgment;

(iv) In addition to the above directions, we direct that as far as open manholes are concerned, the Municipal Corporations and other authorities bound by the directions shall take all possible steps to ensure that no open manholes are left unprotected without erecting barricades, without putting on warning lights and without providing effective warning to the citizens including those who are visually impaired. All necessary precautionary steps shall be taken to ensure that the incident of citizens falling inside the open manhole are not repeated;

(v) In addition to what is stated in the note placed on record by the State Urban Development Department, the State Government shall take appropriate policy decision about the terms and conditions which should be incorporated in relation to the road contracts which will ensure quality and durability of the work carried out. The State Government shall also take appropriate policy decision of laying down technical specifications of the streets and footways, the specifications of the material which should be used and specifications of the methods which should be used for construction or repair of streets. The State shall issue necessary directions to the authorities which do not have benefit of expertise of the Committee like STAC Committee appointed by the Mumbai Municipal Corporation. Appropriate policy decision shall be taken by the State Government on this aspect within a period of three months from the date on which the judgment is uploaded and necessary directions be issued to all concerned Local Authorities within a period of one month thereafter;

(vi) We hold that the principles laid down in the judgment will equally apply to the Municipal Councils established under SQ Pathan 40/77 the said Act of 1965. Therefore, it will be appropriate that the State Government exercises its powers under the various provisions of the said Act of 1965 and especially under Section 312A of the said Act of 1965 for issuing directions to implement the directions issued by this Court. The State Government will ensure that the Director of the Municipal Councils issues such directions by using power under Section 312 of the said Act of 1965 to the Municipal Authorities. This exercise shall be completed within a period of two months from the date on which this judgment and order is uploaded. Equally, the State Government shall issue necessary directions to the Authorities such as MMRDA, MSRDC and Planning Authorities like CIDCO within the aforesaid period. Needless to add that even the said Authorities are under an obligation to create Grievance Redress Mechanism as per the directions contained in this judgment and order;

(vii) We direct that all the Authorities who are bound by the directions of this Court will give adequate publicity as already directed regarding availability of the Grievance Redress Mechanism. Wide publicity shall be given to availability of such mechanism with all details as directed above at least thrice a year including in the first week of June of every year;

(viii) In addition, the State Government shall give adequate publicity to the Centralized Grievance Redress Mechanism created by it on all district, State or national highways as well as in major Government offices. The State Government shall appropriately publish the information regarding the availability of Centralized Grievance Redress Mechanism at various strategic places on the said highways so that the citizens are in a position to take benefit of Grievance Redress Mechanism;

(ix) We also make it clear that it is the responsibility of all the

Authorities who are bound by the directions of this Court to ensure that the work of the Grievance Redress Mechanism is monitored by making some officers responsible with a view to ensure that all complaints received through the same are SQ Pathan 41/77 promptly attended and communication to that effect is issued to the complainants. The compliance reports shall report compliance of this direction as well;

(x) The State Government shall issue necessary directions to the

(xi) We direct the State Government to call for the information from all Municipal Corporations and Municipal Councils as well as other Authorities regarding compliance with various directions issued under this judgment and order. The reports shall be called on quarterly basis. The said Authorities shall accordingly submit compliance reports to the State Government;

(xii) Detailed compliance reports compiled by the State

(xiii) It is obvious that compliance reports will incorporate the details of the complaints received and the complaints which were successfully attended to;

(xiv) The compliance reports which may be submitted by the

(xv) First such compliance reports shall be placed in this Court on or before 21st July 2018;

(xvi) Further compliance reports shall be filed on record periodically after expiry of period of four months thereafter;

(xvii) The Petition is disposed of with the above directions;

(xviii) For considering the compliance reports, the Petition shall be listed on 24th July 2018 under the caption of "Directions". The Registry will seek directions of the Hon'ble the Chief SQ Pathan 42/77 Justice for placing the petition before the same Bench or before a Bench of which one of us is a party;

(xix) Copies of the compliance reports shall be supplied to all the concerned.”

32 This Court, whilst giving the aforesaid directions, observed in paragraphs 13, 23, 27, 29, 34, 37 and 39 of the said judgment as under:

33 In paragraph 45 of the said judgment, this Court summarised the conclusions as under:-

34 Although the petition was disposed of by the said judgment, it was directed to be placed under the caption ‘for directions’ for considering the compliance reports. Pursuant thereto, the petition appeared before this Court on several occasions.

35 Again on 17th December 2018, this Court observed that potholes endanger life of people and disturbs the smooth SQ Pathan 48/77 movement of traffic particularly during the rainy season. Accordingly, the counsel appearing for the Corporation assured to inform the Court regarding the steps taken on the following issues. “(a) Whether a Single authority could be constituted for receiving representations/complaints and monitoring the condition of potholes in the cities. (b) the preparedness to utilise scientific methods, Google mapping, satellite imaging by the Corporation and other authorities.

(c) involvement of local elected representatives and Ward

(d) Sign Boards, electronic boards, mobile electronic signboards at specific locations where there is alarming danger of potholes. (e) employing more number of mobile medical vans at strategic locations during rainy season for providing 24x[7] help to persons getting injured due to bad condition of roads and potholes.”

36 The Court further noted that the appropriate scientific plan for the rainy season of 2019 to tackle the perennial potholes related issue and bad road conditions shall also be prepared SQ Pathan 49/77 accordingly. A copy of the said order was also forwarded to the Principal Secretary, Urban Development Department and Commissioner, MCGM.

37 On 14th January 2019, the following order was passed: “As regards issue (a) of the Affidavit in compliance of the order dated 17 December 2018 filed by Respondent No.3- MCGM the learned Senior Advocate, Mr.Sakhare submits that complaint be lodged with the Corporation and as such these complaints would then be forwarded to the respective authorities. As regards issue (b) it is stated that these issues are being discussed and the Corporation would comply with the same.

2. As regards (c) i.e. involvement of elected representatives and Ward Officers in the process of getting and passing information to authorities, it is submitted that necessary information would be given.

3. As regards the issue of displaying sign boards, electronic boards, mobile electronic signboards at places of dangerous potholes, it is submitted that tender condition itself provides for erecting signboards, electronic signboards and mobile electronic signboard.

4. The Corporation shall monitor that these tender conditions are strictly being followed. If they are not followed necessary action will be taken against the persons, organizations, who are SQ Pathan 50/77 involved in carrying out the repair works. On their own the Corporation authorities shall also prepare such appropriate signboards and particularly in rainy season to avoid any inconvenience to public at large.

5. As regards the mobile grants, the learned Senior Advocate submits that issue will be discussed with the Commissioner, Municipal Corporation. Same be done accordingly.

6. Learned counsel for Respondent Nos.10 and 11 submits that they will file affidavit in reply.

7. Stand over to four weeks.”

38 This Court in paragraph 4 of the order dated 14th January 2019 held that the Municipal Corporation shall monitor that the tendered conditions are strictly followed, and in the event of non-compliance, necessary action shall be taken against the persons or organizations involved in carrying out repair works. The Court further directed that the Corporation authorities shall, on their own initiative, prepare appropriate signboards, particularly during the rainy season, to avoid inconvenience to the public. Regarding mobile grants, it was recorded that the Learned Senior Advocate submitted that the issue would be discussed with SQ Pathan 51/77 the Commissioner of the Municipal Corporation, and this was directed to be done accordingly.

39 On 20th November 2019, the Petitioner filed Contempt Petition No. 6/2019, highlighting non-compliance through charts and annexing several newspaper articles. The Petition also referred to this Court’s earlier Order in WP (Civil) No. 295/2012 dated 6th December 2018, wherein it had been emphasized that bad roads should not be a cause of death.

41 Subsequently, in the Order dated 30th September 2022, this Court noted that all potholes were to be repaired immediately, approximately 125 kilometres of asphalt roads were to be resurfaced with asphalt bitumen within three months, and cement concretization works had progressed for 990 kilometres out of a SQ Pathan 52/77 total 2,050 kilometres of roads under the Corporation’s jurisdiction. This Court recorded that tenders had been awarded for ongoing works covering 265 kilometres, with 397 kilometres of tenders to be awarded in November 2022, and the remaining 398 kilometres to be addressed in Phase II. The Court also noted photographs filed by the Petitioners showing substandard quality of cement-concreted roads with visible cracks and directed the Commissioner to examine the grievance and take appropriate remedial action.

42 In the incident of a pregnant cow falling into an open manhole, this Court in its Order dated 7th December 2022 clearly held that if any untoward incident of a similar nature resulted in loss of life or limb, the respective Municipal Commissioner(s), Metropolitan Commissioner, and Chief Engineer shall be held personally responsible.

43 During the hearing on 14th June 2023, the Court SQ Pathan 53/77 recorded serious concerns raised by the Petitioner-in-person and the learned amicus curiae regarding uncovered open manholes in the city and the likelihood of casualties. Noting a fatal incident involving an open manhole, the Division Bench expressed the view that such an incident should never occur and directed the Municipal Corporation to take all necessary precautions to ensure the safety of citizens.

44 On 19th June 2023, the additional affidavit filed on behalf of the Municipal Corporation indicated that protective grills were to be installed on open manholes. However, the affidavit revealed that out of 74,682 manholes, only 1,908 had protective grills, falling significantly short of the expectations set by earlier Orders dated 24th April 2018, which emphasized public safety. The Court observed that less than 10% of manholes had protective grills, which were fixed only in areas prone to flooding. It was further noted that areas not typically prone to flooding may still experience flooding due to unforeseen SQ Pathan 54/77 heavy rainfall, and therefore, prima facie, there was no reason why protective measures should not be applied to all manholes. The learned Senior Advocate for the Corporation stated that this issue would be placed before higher officers and that the Corporation’s stand would be conveyed to the Court.

45 In continuation, on 19th June 2023, this Court further recorded that some manholes lacked the first top layer, which had to be fixed immediately and could not await the prescribed 52week schedule. This matter was directed to be considered in the review meeting scheduled for 23rd June 2023.

46 Between 24th January 2024 and 16th March 2024, affidavits in reply were filed by the Respondents, followed by affidavits in rejoinder by the Petitioner-in-person on 16th April 2024, against both the BMC and the State and other respondents.

47 This Court, by order dated 8th October 2024, held that while the Respondents could not be held guilty of willful SQ Pathan 55/77 disobedience or contempt of the Court’s earlier orders dated 24th April 2018, having substantially complied with the same, in view of public welfare and the public importance of the directions issued in recognition of the fundamental right under Article 21, the Court revived Suo Motu PIL No.71/2013, invoking the principle of continuing mandamus, to ensure ongoing monitoring and full compliance by the Respondents.

48 A Special Leave Petition was preferred in the Apex Court by Ms. Thakker, Party-in-Person, on 17th December 2024, and hence, the High Court, in its order dated 10th January 2025, recorded that the proceedings of the Suo Moto PIL, challenged via SLP Diary No. 59334/2024, could await the result of the SLP. The SLP was subsequently disposed of as withdrawn on 18th August 2025.

49 Between 16th July 2024 and 2nd September 2025, several incidents of fatalities due to bad roads were reported and SQ Pathan 56/77 documented through newspaper articles, compiled separately. Finally, on 12th September 2025, the Court recorded instructions to be taken by Corporation/authorities for payment of medical expenses/compensation for deaths of persons/ injuries due to potholes, and the matter was stood over to 18th September 2025.

50 We are constrained to place the aforesaid orders, the chronology of events, and the directions issued from time to time in the aforesaid petition, only to demonstrate that despite several orders and judgments being passed by this Court, the very same issues concerning potholes, open manholes, resultant deaths and injuries, continues every year. This is despite the bold assurances given by the civic authorities and other agencies of the State to act with alacrity and to create an effective mechanism to address these recurring hazards. The reality is, that the condition of the roads continues to deteriorate every monsoon, and, at places, after the very first shower. SQ Pathan 57/77

51 It is well settled that civic authorities and other agencies of the State are under a constitutional and legal obligation to ensure the safety, welfare and convenience of the public, which includes the provision of proper means of transport. There can be no justification whatsoever for bad and unsafe roads. Mumbai, being the financial capital of the country, contributes greatly to the revenue of the Centre, the State, and the civic body. In fact, the MCGM is one of the richest corporations in Asia. Bad roads not only endanger human lives but also have adverse consequences for the economy, including the financial health of companies. It is the responsibility of the civic authorities and State agencies to provide proper civic amenities, including safe roads, to the taxpaying public. It is not only a responsibility but a duty of the authorities concerned.

52 As is evident, despite the earlier orders starting from 2015 till date, nothing much has changed. With the onset of every SQ Pathan 58/77 monsoon, potholes and dilapidated roads once again come to the fore. It cannot be disputed that every person is entitled to live with dignity, as guaranteed under Article 21 of the Constitution of India. The right to life under Article 21 has been expansively interpreted to mean not mere existence but a life with dignity and meaning. Good and safe roads are an essential component of such a meaningful life.

53 It is, therefore, imperative that all civic bodies and State agencies discharge their constitutional and legal obligations by ensuring proper roads throughout the year. Failure to do so, results in a clear infringement of the valuable fundamental rights of citizens, and exposes these authorities to serious legal consequences.

54 Infact, this Court, in its order dated 20th May 2015, has categorically held that the right to have roads in a reasonable condition is a part of the fundamental right guaranteed to its SQ Pathan 59/77 citizens under Article 21 of the Constitution. In paragraph 9, this Court in its Judgment and Order dated 20th May 2015 held thus:

55 Thus, the right to have roads in a reasonable condition is a part of fundamental right guaranteed under Article 21 of the Constitution of India. The basic object of constructing roads is to allow the passage of vehicles. The basic object of making footpaths/ footways which are a part of street is to allow the citizens to walk and travel from one SQ Pathan 60/77 place to another. If obstructions are created on the streets or footpaths in such a manner that it prevents the citizens from beneficially enjoying their right of passage through the streets and/or footpaths, surely it will amount to infringement of the fundamental right under Article 21 of the Constitution of India to have streets in a reasonable condition. The fundamental right to have the streets in a reasonable condition will naturally encompass in it right to have the same free of any obstruction which prevents its beneficial or reasonable user. The Apex Court has expanded the scope of Article 21 of the Constitution of India. The Apex Court has held that the right to live dignified life is also a part of Article 21 of the Constitution of India. Right to live a meaningful life is also a part of Article 21 of Constitution of India. In the case of Sudhir Madan v. MCD (supra), the Apex Court in paragraph 6 observed thus:

SQ Pathan 61/77

56 This Court has repeatedly reiterated that the right to have roads in good condition is a part of the fundamental right guaranteed under Article 21 of the Constitution of India, and that such right necessarily includes the right to have roads free from obstructions, dangers, or risks. Where a fundamental right exists in favour of the citizens, a corresponding obligation is cast on the concerned authorities to ensure that the said right remains available and can be effectively exercised by the citizens. It is equally the obligation of the authorities to ensure that they do not infringe the rights guaranteed under Article 21.

57 It is pertinent to note that, the orders passed by this Court from time to time, as reproduced herein-above, were intended only to ensure that the authorities perform their legal duty and discharge their constitutional obligations. During the course of arguments, Ms. Thakkar and the learned amicus curiae, Mr. Mistry, have both drawn our attention to and relied upon SQ Pathan 62/77 several incidents of pothole-related deaths that have occurred in Mumbai, Thane, and the Bhiwandi-Nizampur Municipal Corporation areas. During the course of argument, the blame game started, each authority attempting to shift responsibility/onus on the other authority, claiming it was the latter’s duty to maintain the roads. Although several directions have been issued by this Court, and assurances have been given by the State that all agencies would be brought under the overall control of the MCGM, nothing tangible appears to have been done till date.

58 Deaths and serious injuries caused due to potholes and open manholes have become a regular feature during the monsoon. It is high time that civic authorities, along with the contractors entrusted with road maintenance, are held accountable for such deaths and injuries. We find no seriousness on the part of the authorities in addressing this perennial problem. Unless civic authorities are made accountable, this tragic scenario will continue SQ Pathan 63/77 to repeat itself every year. Accountability must be fixed not only on the contractors but also on the civic authorities themselves.

59 It is, therefore, high time that compensation be awarded to victims or their families who have suffered deaths or injuries on account of potholes. Only then will it serve as a wake-up call for the agencies concerned. It is well settled that when officials of a public authority fail to perform their statutory duties, this Court, can, while exercising jurisdiction under Article 226 of the Constitution, not only issue necessary directions but also fasten vicarious liability on the public authority, when the authorities fail to discharge their public duty to protect the fundamental rights of its citizens.

60 The majority of persons sustaining injuries or losing their lives due to potholes are two-wheeler riders, largely belonging to the middle and low-income groups. They are often SQ Pathan 64/77 the sole breadwinners of their families, and their loss results in irreparable financial and emotional hardship to their dependents. It is well settled that when there is a violation of a fundamental right under Article 21 by a public authority, the Court has the power to direct payment of compensation to the victims.

61 In fact, to refuse to award compensation in a petition involving pothole-related deaths or injuries, and merely to remind the civic authorities of their duties, would amount to rendering mere lip service to the citizens’ fundamental right to safe roads, a right which has been grossly violated. Compensation must necessarily be awarded for such deaths and injuries, so that the State and civic authorities are compelled to put their house in order by initiating appropriate action against delinquent officers and defaulting contractors/engineers, responsible for the pathetic road condition.

62 It is also well settled that public law proceedings serve a SQ Pathan 65/77 distinct purpose, different from private law remedies, and that the relief of monetary compensation by way of exemplary damages under Article 226 is permissible in cases where there has been an infringement of the fundamental right under Article 21 of the Constitution.

63 It is well settled that compensation under public law is a remedy available to citizens for breach of their constitutional, basic, and indefeasible rights. Such compensation is founded on strict liability for violation of fundamental rights. Therefore, it is permissible for this Court, in exercise of its jurisdiction under Article 226 of the Constitution, to mould the relief by awarding compensation in public law, particularly when parties seek enforcement or protection of fundamental rights.

64 In such cases, the Court not only enforces the rights of the citizens but also penalises the wrongdoer and fixes liability on the public authorities who have failed to discharge their public SQ Pathan 66/77 duty of protecting fundamental rights. The compensation awarded in such cases is in the nature of exemplary damages imposed against the wrongdoer for breach of public duty. Needless to state, this is independent of, and in addition to, the remedies available to an aggrieved party under private law—such as a civil action in tort before a competent court, or prosecution of the offender under the penal laws.

65 Although, there has been some compliance with respect to earlier directions, potholes continue to remain a perennial problem even today. It is noteworthy that some roads in Mumbai, which have not been relaid for decades, still remain in good condition despite heavy rains, whereas newly constructed roads develop potholes within days of the onset of the monsoon. This clearly indicates poor quality of materials and substandard workmanship in road construction. Though some municipal corporations have claimed to have taken action against contractors SQ Pathan 67/77 by imposing fines, such measures have not resolved the problem. There is little doubt that those who are obliged to maintain the roads under the Municipal Laws are not doing their jobs effectively as they sound. Unless those responsible for pothole-related deaths and injuries are made personally accountable, and are compelled to bear monetary liability from their own pockets, they will not understand the gravity of the issue.

66 Over the last three to four decades, the Apex Court has considerably expanded the scope of the right to life under Article 21 of the Constitution, recognising that it includes the right to live a meaningful and dignified life. Just as footpaths are provided for citizens to walk safely, roads are provided for citizens to travel comfortably by vehicles. If roads are riddled with potholes, or are otherwise in a dangerous condition, they endanger the lives of citizens. Numerous accidents caused by bad roads, resulting in deaths and serious injuries, undoubtedly amounts to violation of the fundamental right guaranteed under Article 21. SQ Pathan 68/77

67 Once such a right is established, a corresponding duty is cast on civic authorities to ensure its protection, including the obligation to provide reasonable compensation to citizens or their families for deaths or injuries caused by potholes/open manholes.

68 Despite crores of rupees being collected by way of toll and other revenues, the deplorable state of roads reflects gross civic apathy. Accountability shall henceforth be fixed on officers and contractors to ensure that public revenue collected for infrastructure is effectively and faithfully utilised for its intended purpose.

69 It is the duty of all Authorities to ensure that roads are constructed and maintained in such a manner that they do not require repairs for a minimum period of five to ten years. It is observed that there are roads within Mumbai, Pune, and certain other cities which have remained intact without any repairs for decades. The Authorities shall bear the aforesaid in mind while SQ Pathan 69/77 awarding contracts for construction and maintenance of roads to contractors.

70 Accordingly, in order to ensure effective redressal, accountability, and timely implementation, the following directions are issued, in addition to those already passed by this Court from time to time:

(i) Compensation for deaths and injuries shall be paid by the Authority concerned i.e. the Municipal Corporations, MMRDA, MSRDC, MHADA, BPT, NHAI, and the PWD, as the case may be. In cases of death caused by potholes or open manholes, a sum of Rs.6,00,000/- shall be paid to the legal heirs of the deceased. In cases of injury, compensation ranging from Rs.50,000/- to Rs.2,50,000/-, depending upon the nature and gravity of the injury, shall be paid. Needless to state, this is independent of, and in addition to, the remedies available to an aggrieved party under any other law. SQ Pathan 70/77

(ii) For the determination of compensation,

Committees shall be constituted as follows: - Within the limits of a Municipal Corporation, the Committee shall comprise of the Municipal Commissioner of the respective Municipal Corporation and the Secretary of the District Legal Services Authority (DLSA) of that district. - Within the limits of a Municipal Council, it shall comprise of the Chief Officer of the Municipal Council and the Secretary of the DLSA of the district. - Outside municipal limits, the Committee shall comprise of the District Collector and the Secretary of the DLSA of the concerned district. - In the case of MMRDA, MSRDC, PWD, BPT, or NHAI, the Committee shall consist of the senior-most officer, i.e., the Principal Secretary / Chairperson / CEO of the Authority, SQ Pathan 71/77 alongwith the Secretary of the DLSA of that District.

(iii) Meetings of the Committee shall be held at a venue to be mutually decided by the parties. The first meeting shall be convened within seven days of the receipt of information relating to a death or accident. Thereafter, the Committee shall meet atleast once every fifteen days, or earlier if necessary, to monitor progress, implementation, and compliance with these directions, more particularly, during the monsoon period.

(iv) The Committee may act suo motu or on an application submitted by the legal heirs of deceased persons or by injured persons, as the case may be. It may also take cognizance on receipt of information from any source, including newspaper reports. The officer in charge of the concerned police station shall be dutybound to communicate details of any such incident to the Committee within forty-eight hours. Applications submitted before the Municipal Corporation, Municipal Council, District Collector, SQ Pathan 72/77 or offices of the PWD, MSRDC, MMRDA, NHAI, or BPT, and the Secretary, DLSA of that District shall be forwarded to the Committee in duplicate without delay. An additional copy of the application shall be submitted directly to the Secretary, DLSA of that district.

(v) Compensation may be disbursed by the

Committee from the fines or amounts recovered from the contractors. In the absence of such funds, the concerned Municipal Corporation, Municipal Council, or District Collector (in areas outside municipal limits), PWD, BPT, MMRDA, MSRDC, or NHAI, shall bear the liability. The amount so paid shall thereafter be recovered, upon inquiry, from the officers, engineers, or contractors found responsible for deficiency in maintenance of roads.

(vi) The Committee so constituted shall identify victims of death or injury caused due to potholes or open SQ Pathan 73/77 manholes.

(vii) In each case, the Committee shall conduct an inquiry. Compensation shall first be disbursed by the concerned Corporation, Council, or Authority, and recovery thereafter effected from the persons found responsible, whether officers, engineers, or contractors. The Committee so constitued shall oversee the recovery process from the concerned contractor or engineer responsible for road maintenance.

(viii) Strict disciplinary and penal action shall be taken against contractors and officers found guilty of defective or substandard work. Such action shall include blacklisting, imposition of penalties, and initiation of appropriate departmental or criminal proceedings, in accordance with law. The recovery mechanism directed above shall operate in addition to these measures.

(ix) All potholes, once brought to the notice of the

SQ Pathan 74/77 concerned Corporation or Authority, shall be attended to forthwith and, in any event, within forty-eight hours. Failure to do so shall constitute gross negligence and shall warrant departmental action against the responsible officers and contractors.

(x) Compensation, as directed, shall be disbursed within six to eight weeks from the date of receipt of the claim. Failure to do so shall render the Municipal Commissioner, Chief Officer, District Collector, CEO, Chairperson, or Principal Secretary, as the case may be, personally responsible for the delay. In such cases, the compensation shall carry interest at the rate of 9% per annum from the date of the claim until payment.

(xi) Wide publicity shall be given by the State of

Maharashtra to these directions so that affected persons or families may approach the Committee for relief. SQ Pathan 75/77

71 Stand over to 21st November 2025, for submission of compliance report by all the respondent-authorities, with respect to all directions stated aforesaid, in particular, the following directions:

(i) the number of complaints received by the Committees so constituted;

(ii) the disbursement of compensation;

(iii) action taken against the contractors/officers;

(iv) Details of fines imposed on contractors i.e. compliance of the clause (viii);

(v) Departmental action taken as per clause (ix) against persons responsible.

2025. The same stands disposed of. SQ Pathan 76/77

SANDESH D. PATIL, J. REVATI MOHITE DERE, J. SQ Pathan 77/77