Bombay HC summons six municipal commissioners over bad roads, potholes & uncovered manholes

The bench noted that despite its mandatory orders, news reports cited that conditions of existing potholes and uncovered manholes make pedestrians or anyone on the road prone to accidents.

The Bombay High Court has summoned six municipal commissioners of Mumbai Metropolitan Region (MMR) to remain present in a contempt petition related to potholes. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor will listen to the matter on August 11, ANI reported.

The bench raised serious concerns over deaths caused due to potholes and unguarded manholes. The court in its order thus directed the presence of the Commissioners of Municipal Corporation of Greater Mumbai (MCGM), Navi Mumbai Municipal Corporation (NMMC), Kalyan Dombivali Municipal Corporation (KDMC), Vasai Virar Municipal Corporation (VVMC), and the Mumbai Metropolitan Regional Development Authority (MMRDA).

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Additionally, the Court has directed the Commissioners of Thane Municipal Corporation (TMC) and Mira Bhayander Municipal Corporation to also be present, the report added.

The court in its order requested the presence of the commissioners to explain why they should not be made liable for disobedience and non-compliance of the judgment dated February 24 and April 12, 2018, passed by this Court in PIL No.71 of 2013.

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"Despite the aforesaid observations made by the Court, it appears that adequate measures have not been taken by the respective Corporations to ensure strict compliance of the order dated 24th February and 12th April 2018," the court noted.

The court issued directions after listening to the Public interest Litigation (PIL) petition filed by advocate Ruju R Thakker.

During the last hearing, the HC had directed the BMC and Mumbai Police to take deterrent measures against the theft of manhole covers, which is tantamount to theft of public property and is a grave issue, according to a report by the Indian Express.

The bench noted that despite its mandatory orders, news reports cited that conditions of existing potholes and uncovered manholes make pedestrians or anyone on the road prone to accidents.

The court said that in its order of December 2022, it was made clear that if any untoward incident happens, then the respective metropolitan commissioner and chief engineer shall be held responsible, the report added.