No excuse for bad roads in city like Mumbai: HC; favours Rs 6 lakh payout for pothole deaths

Mumbai, Oct 13 (PTI) The Bombay High Court on Monday said there can be no justification for bad roads in Mumbai, India's financial capital, and noted civic bodies and government were not only obligated, but duty-bound to provide good roads to citizens.

The HC also ordered for Rs 6 lakh compensation to be paid in cases of death caused by potholes or open manholes and flagged the issue of civic apathy in maintenance of roads.

A division bench of Justices Revati Mohite Dere and Sandesh Patil, hearing a bunch of petitions, said deaths and accidents due to potholes, open manholes and bad roads are a regular occurrence and hence accountability needs to be fixed on the persons concerned.

"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 HC 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 bench said despite crores of rupees being collected by way of toll and other revenues, the deplorable state of roads reflects gross civic apathy.

It ordered for Rs 6 lakh compensation to be paid in cases of death caused by potholes or open manholes and in cases of injuries, the payout shall be between Rs 50,000 and Rs 2,50,000, depending on the nature and gravity of the same.

The compensation amount shall be decided by a committee comprising the civic body chief and the secretary of the district legal services authority.

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.

The court said civic authorities and other agencies of the state are under a constitutional and legal obligation to ensure the safety, welfare and convenience of citizens, which includes the provision of providing 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," the HC 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.

The bench pointed out that every person is entitled to live with dignity, as guaranteed under Article 21 of the Constitution.

"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," the HC underscored.

Thus, the right to have roads in a reasonable condition is a part of fundamental right guaranteed under Article 21 of the Constitution. It is, therefore, imperative that all civic bodies and state agencies discharge their constitutional and legal obligations by ensuring proper roads throughout the year, the bench added.

"Failure to do so results in a clear infringement of the valuable fundamental rights of citizens, and exposes these authorities to serious legal consequences," it cautioned.

The court noted that 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, the bench said.

"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 HC insisted.

The bench said this was a classic case where despite several orders passed since 2015, the issue requires cognizance to be taken each year, especially during the monsoon due to the "deplorable condition of the roads, with potholes continuing to cause deaths and injuries to persons".

The very same issues concerning potholes, open manholes, resultant deaths and injuries, continue every year, the HC observed.

This was 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 judges maintained.

"The reality is that the condition of the roads continues to deteriorate every monsoon, and, at places, after the very first shower," the court said.

The HC ordered strict disciplinary and penal action against contractors and officers found guilty of defective or substandard work. PTI SP RSY