The
Bombay High Court on Monday directed municipal authorities and the state to pay
?6 lakh in compensation to the families of individuals who lose their lives
after falling into potholes or open manholes in Maharashtra, Bar and
Bench reported. The Bench of Justices Revati Mohite Dere and Sandesh D
Patil also ordered compensation ranging from ?50,000 to ?2.5 lakh for those who
sustain injuries in similar accidents.
The
ruling stems from a suo motu case initiated in 2013, following a letter from
(now retired) Justice GS Patel to the Chief Justice.
The court said, "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 added.
The
Bench further said that safe roads are a fundamental part of the right to life
under Article 21 of the Constitution.
The court said that deaths and serious injuries due
to potholes and open manholes have become a regular problem, especially during
the monsoon season. "It is high time that civic authorities, along with
the contractors entrusted with road maintenance, are held accountable for such
deaths and injuries.... Accountability must be fixed not only on the
contractors but also on the civic authorities themselves," the Bench
observed.
The
court warned that unless those responsible for pothole-related accidents are
made personally liable, they will not appreciate the seriousness of the issue.
It therefore ordered authorities to start disbursing compensation to the
victims.
Compensation
to eligible victims must be paid within six to eight weeks of receiving the
claim. The court stipulated that interest would be applied if payments are
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 stated.
Once paid, the authorities can recover the
compensation amount from the individuals found responsible, whether officers,
engineers, or contractors.