7 months ago
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The Bombay High Court has directed civic bodies and State agencies to wage ₹6 lakh compensation to families of victims who dice owed to pothole-related accidents, and betwixt ₹50,000 and ₹2.5 lakh for injuries, depending connected severity. A Division Bench of Justices Revati Mohite Dere and Sandesh D. Patil, successful an bid passed connected October 13, besides fixed idiosyncratic liability connected elder officials for delays and revived a decade-old suo motu Public Interest Litigation nether the rule of “continuing mandamus” to show compliance.
The PIL originated successful 2013 from a missive by Justice G.S. Patel to the Chief Justice, highlighting the “pathetic information of roads” and fatalities caused by potholes. Despite repeated directions since 2015, the Bench noted, “nothing overmuch has changed,” and potholes proceed to assertion lives each monsoon. “There tin beryllium nary justification whatsoever for atrocious and unsafe roads,” the tribunal said, adding that Mumbai, arsenic India’s fiscal capital, cannot spend civic apathy erstwhile crores are collected done tolls and taxes. It pointed retired that the Municipal Corporation of Greater Mumbai (MCGM) is 1 of the richest corporations successful Asia, yet “the information of the roads continues to deteriorate each monsoon.”
Placing the close to pothole-free roads “on the highest pedestal of cardinal rights,” the tribunal held, “The close to person roads successful tenable information is simply a portion of the cardinal close guaranteed nether Article 21 of the Constitution of India. Good and harmless roads are an indispensable constituent of specified a meaningful life.” The Bench warned, “To garbage to grant compensation and simply punctual civic authorities of their duties would magnitude to rendering specified articulator work to the citizens’ cardinal close to harmless roads, a close which has been grossly violated.”
The bid mandates that compensation indispensable beryllium disbursed wrong six to 8 weeks, failing which Municipal Commissioners, Chief Officers, District Collectors, and heads of agencies similar Mumbai Metropolitan Region Development Authority (MMRDA), Maharashtra State Road Development Corporation (MSRDC), Public Works Department (PWD), Bombay Port Trust (BPT), and National Highways Authority of India (NHAI) volition beryllium personally responsible. Delays volition pull involvement astatine 9 per cent per annum from the day of assertion until payment. The tribunal clarified that compensation is autarkic of, and successful summation to, remedies nether immoderate different law. It besides directed that each potholes, erstwhile brought to notice, indispensable beryllium repaired wrong 48 hours, informing that nonaccomplishment volition invitation departmental action. Wide publicity of the compensation strategy and grievance redressal mechanics was ordered truthful that affected families tin question relief.
Committees comprising civic chiefs and District Legal Services Authority Secretaries indispensable convene wrong 7 days of immoderate reported decease oregon wounded and conscionable each 15 days during monsoon to show compliance. Compensation whitethorn initially beryllium paid from fines collected from contractors, but successful their absence, civic bodies and State agencies volition carnivore the liability and retrieve the magnitude from those recovered responsible. Strict disciplinary and penal action, including blacklisting, imposition of fines, and transgression proceedings, was ordered against contractors and officers blameworthy of substandard work.
The Bench expressed anguish implicit recurring fatalities, mostly involving two-wheeler riders from low-income groups, terming it “gross usurpation of citizens’ close to unrecorded with dignity.” It warned, “Unless those liable for pothole-related deaths and injuries are made personally accountable, and are compelled to carnivore monetary liability from their ain pockets, they volition not recognize the gravity of the issue.” The tribunal besides observed that immoderate roads successful Mumbai person remained intact for decades, portion recently constructed ones make potholes wrong days of monsoon, indicating “poor prime of materials and substandard workmanship.”
Authorities indispensable taxable compliance reports by November 21, 2025. The tribunal said, “This tragic script volition proceed to repetition itself each twelvemonth unless civic authorities are made accountable.”
