The High Court of Bombay on Wednesday came down heavily on the
civic authorities of Mumbai and surrounding suburban regions for not taking up
seriously the maintenance and repair work of roads, which could become a reason
for accidents in the Maharashtra capital.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and
Justice Arif Doctor summoned the Municipal Commissioners of six corporations,
along with the Commissioner of the Mumbai Metropolitan Region Development
Authority (MMRDA), directing them to remain present in the court on August 11
at 11:30 am and explain why they should not be made liable for disobedience and
non-compliance of the 2018 order.
In its 2018 order, the High Court had directed all the municipal
corporations and the state government to maintain streets and roads, including
footpaths, in a proper condition. The civic authorities were further to remove
potholes from the city.
Noting that this was a clear contempt of the 2018 verdict, the
High Court summoned Municipal Commissioners of Municipal Corporation of Greater
Mumbai, Navi Mumbai Municipal Corporation, Kalyan Dombivali Municipal
Corporation, Vasai Virar Municipal Corporation, Thane Municipal Corporation and
Mira Bhayander Municipal Corporation.
The High Court then referred to another order of December 7,
2022 which ruled that if any death was caused due to potholes on roads or open
manholes/drainage, the concerned officers would be held responsible.
Noting that the directions issued in the 2018 judgement were, in
fact, duties cast by the legislation, the Bench said that even after five
years, the authorities have not been able to remove potholes.
It observed that a survey would usually take only 15 days to
complete, unless the officers were made personally liable.
Maharashtra Chief Minister Eknath Shinde is the chairman of
MMRDA.
The petition filed by Ruju Thakker claimed that the civic
authorities of the Mumbai Metropolitan Region were in contempt of the High
Court verdict passed on a public interest litigation (PIL) filed in 2013 over
the issue of potholes.
Thakker showed the High Court recent photographs and news
reports about rising accidents taking place on the roads, sometimes even
causing death.