The Bombay High Court on Wednesday said while it appreciates
the work being done by the city's civic body to cover open manholes, but until
then if there is any untoward incident, then the corporation would be held
responsible.
A division bench of Chief Justice Dipankar Datta and
Justice Abhay Ahuja said it was concerned over the issue of open manholes
across the city and sought the Brihanmumbai Municipal Corporation (BMC) to come
up with a permanent solution.
The bench was hearing a bunch of petitions raising
concerns over the increasing number of potholes across Maharashtra and also
open manholes.
BMC's counsel Anil Sakhare told the court on Wednesday
that the civic body was addressing the issue of open manholes on a
"war-footing basis" and work was on to close all such manholes.
The bench then said while the corporation's efforts
are appreciated but if till then there was any untoward incident, then the BMC
would be held responsible.
"Good you (BMC) are working but till then if harm
is caused to anyone, we will hold you responsible. We are appreciating the BMC
but what happens if a manhole is open and someone falls down," Chief
Justice Datta said.
"In such a situation, we won't ask the aggrieved
person to initiate civil suit (for compensation)...we will say that your
officers are responsible," he added.
The bench suggested the BMC make use of modern
science and technology and devise something by which the officer concerned is
alerted the moment the lid of a manhole is removed.
"In this modern day of science and technology,
can't we think of something else. Why don't you (BMC) devise something by which
you come to know if someone even touches the cover. Then a beep goes off in
your office. Why don't you come up with something like a sensor?" the
court said.
The bench also suggested use of iron grills below the
manhole cover.
"You must do some progressive thinking. It is
your job. We cannot keep saying what needs to be done," the court said.
The bench further said there has to be some standard
operating procedure to address the issue of open manholes.
"A solution has to be provided by you. What
should be the appropriate solution for this... you tell us. We need permanent
measures," the HC said posting the matter for further hearing on December
19.