The Bombay High Court (HC) on Monday, October 13, ordered financial compensation to be paid to those who died and were injured due to potholes in Mumbai.
The order was passed on a bunch of petitions highlighting the increasing number of deaths and accidents caused by potholes and open manholes in Maharashtra, including Mumbai.
The court has held the state and local administration responsible for the deplorable condition of Mumbai's roads. The court has also warned that personal responsibility will be fixed on negligent officials and contractors.
A bench of Justice Revati Mohite-Dhere and Justice Sandeep Patil of the Bombay High Court said that it is very shocking that the same issue resurfaces every year during the monsoon despite several orders since 2015.
In its 77-page judgment, the court has order that if a person dies in an accident due to potholes, his family will get a compensation of Rs 6 lakh, while the injured will get compensation ranging from Rs 50,000 to Rs 2.5 lakh depending on the severity of their injuries.
"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," the High Court pointed out.
In fact, the MCGM (Municipal Corporation of Greater Mumbai) is one of the richest civic bodies in Asia, it said, adding bad roads not only endanger human lives, but also have adverse consequences for the economy, including 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," the court said."It is 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," the High Court observed.
Unless those responsible for pothole-related deaths and injuries are made personally accountable, and compelled to bear monetary liability from their own pockets, they will not understand the gravity of the issue, the court added.
The hearing was held on a ‘suo moto’ public interest litigation filed in 2013. The action was initiated on the basis of a letter written by retired Justice Gautam Patel to the then Chief Justice.
The civic and state institutions have a constitutional and legal responsibility for the safety of citizens. There can be no excuse for poor and unsafe roads, the bench said.
Referring to the ‘right to life’ under Article 21, the court said, “Every person has the right to live with dignity. Safe and good roads are an integral part of that dignified life.”
The court has also ordered the formation of committees in each district to identify the victims, process the claims and distribute the compensation in time.
These committees can take action on their own, on the basis of complaints of the victims or on the basis of news reports in the media. It is mandatory to pay the compensation within 6 to 8 weeks of filing the claim.
Also, in case of delay, the concerned District Collector and Commissioner will be personally responsible. Also, 9 percent interest will be applicable on the compensation every year.
It has also been ordered that the potholes should be repaired within 48 hours of the complaint, otherwise a departmental inquiry and strict action will be taken against the concerned officers and contractors.
It is necessary to blacklist those who do substandard work and take criminal action, the court clarified.
Pointing out the disparity between old roads that last while new roads turn into potholes within a few days, the court said, “This is an indication of poor quality materials and workmanship.”
The court has also directed to ensure that new roads last for at least 5 to 10 years. The next hearing in the matter will be on November 15.