Bombay High Court orders ₹6 lakh compensation for pothole deaths; contractors to be held liable

There is no justification for bad roads in a city like Mumbai, the Bombay High Court said on Monday while ordering municipal authorities and the State to pay ₹6 lakh in compensation to the kin of those who lose their lives after encountering potholes or open manholes in Maharashtra. .The Bench of Justices Revati Mohite Dere and Sandesh D Patil added that compensation ranging from ₹50,000 to ₹2.5 lakh must be given to those who are injured due to potholes or open manholes. The order was passed in a suo motu case registered in 2013 based on a letter sent by (now retired) Justice GS Patel to the Chief Justice. "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," the Court lamented. The Court reiterated that good and safe roads are a part of people's right to life under Article 21 of the Constitution of India, adding,"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.".Deaths and serious injuries due to potholes and open manholes have become a regular feature during the monsoons in Maharashtra, the Court found. "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 to repeat itself every year. Accountability must be fixed not only on the contractors but also on the civic authorities themselves," the Court went on to opine. Unless those responsible for pothole-related deaths and injuries are made personally accountable in monetary terms, they will not understand the gravity of the issue, the Court said.It, therefore, ordered the authorities to start disbursing compensation to the victims of pothole or manhole accidents."Only then will it serve as a wake-up call for the agencies concerned," the Court reasoned. .It said that compensation to eligible persons is to be paid within six to eight weeks from the date of receipt of the claim, and that interest would have to be paid if the payment is delayed."Failure to do so (pay compensation in a timely manner) shall render the Municipal Commissioner, Chief Officer, District Collector, CEO, Chairperson, or Principal Secretary, as the case may be, personally responsible for the delay," the order said.Once the compensation is paid to the victims, the amount so paid can be recovered from the persons found responsible for the pothole or open manhole, whether it be officers, engineers, or contractors, the Court further said..The Court also ordered the constitution of committees, which are tasked with inquiring into reports of pothole or manhole accidents and determining the compensation payable to the victims. The members constituting the committees that oversee this process vary depending on the municipal area within which the committee is set up.These committees have been ordered to meet within seven days of receiving information relating to a death or accident. Thereafter, the committee shall meet at least once every fifteen days, or earlier if necessary, to monitor progress, implementation and compliance with the Court's directions, particularly during the monsoon period.The Court added that the committee can take up cognisance of cases suo motu, or on receipt of applications for compensation, or even based on newspaper reports. Complaints received about such accidents by municipal, district or highway authorities or the District Legal Services Authority (DLSA) are to be forwarded to the committees. Police officers have also been ordered to ensure that any such accident is communicated to these committees within 48 hours.The Court also called for strict disciplinary and penal action against officials, engineers or contractors found guilty of carrying out defective or substandard road work.Moreover, the Court has made it clear that if any pothole is brought to the notice of the concerned authorities, it shall be repaired or attended to within forty-eight hours."Failure to do so shall constitute gross negligence and shall warrant departmental action against the responsible officers and contractors," the Court warned..Amicus curiae Jamshed Mistry was assisted by Advocates Ronita Bhattacharya Bector and Dipesh Siroya.Advocates Siddharth Ingle, Rashid Khan and Ruju Thakker appeared for the applicants.Advocates OA Chandurkar, RA Salunkhe and MM Pabale represented the State.Senior Advocates Anil Y Sakhare and Prashant Chawan, along with Advocates Joel Carlos, KH Mastakar, Oorja Dhond, Mandar Limaye, Reshmarani Nathani, Tanu N Bhatia, Sarang S Aradhye, AS Rao, Rohit Sakhadeo, Neeta Patil, SR Nagolkar, Swati Sagvekar, Aniruddha Garge, Ajai Fernandes, Anjali Kotecha, Sandeep Mahadik, Shishankar Patil, Aparna Devkar, Aparna Vhatkar, IM Khairdi, Ravindva S Pachundkar, Gaurav Ugale, Vaishnav Brahmankar, Swapnil Mhatre, Shriram Kulkarni, Shailesh Chavan and Milind Deshmukh appeared for various municipal authorities..[Read Order]