In a scathing critique of the civic and road authorities in Maharashtra, the Bombay High Court emphasized the need for officials to be held accountable, both in terms of penalties and financial repercussions, for accidents and fatalities resulting from potholes and poorly maintained roads.
During a session presided by Justices Revati Mohite-Dere and Sandesh Patil, the court expressed dissatisfaction with the lack of seriousness exhibited by municipal and state bodies in addressing the persistent issue of potholes. The bench highlighted that without ensuring accountability among civic authorities, the recurring tragic incidents would persist annually. It stressed the importance of not only fixing responsibility on contractors but also on the municipal authorities themselves.
The court asserted that the neglect in maintaining roads infringes upon citizens’ fundamental right to life with dignity as per Article 21 of the Constitution. It emphasized that well-kept and safe roads are vital for a meaningful life and failure to provide them constitutes a violation of citizens’ fundamental rights, subjecting the authorities to severe legal consequences.
Despite repeated directives and promises from the authorities, the judges observed a continuous deterioration of roads, particularly during the monsoon season and even after light rainfall in some areas. The bench underscored that besides posing risks to human life, poor road conditions also negatively impact the economy and the financial well-being of businesses, emphasizing the legal and constitutional duty of civic bodies to ensure safe infrastructure provision.
Advocating for direct answerability, the court called for compensation to be awarded for fatalities or injuries caused by potholes or uncovered manholes, with the stipulation that such payments should be subsequently recovered from accountable officials, engineers, or contractors. According to the ruling, the responsible authority, such as the Municipal Corporation, MMRDA, MSRDC, MHADA, BPT, NHAI, or PWD, must disburse compensation within six to eight weeks following an incident.
The court set the compensation amounts at Rs 6 lakh for fatalities and between Rs 50,000 to Rs 2.5 lakh for injuries based on severity, cautioning that failure to make timely disbursements would hold the Municipal Commissioner, District Collector, or relevant head personally liable for delays. It mandated all relevant entities to establish committees to ascertain compensation and oversee the recovery from liable parties, conducting investigations and monitoring subsequent actions, including retrieval from negligent officials or contractors.
Furthermore, the bench decreed that stringent disciplinary and penal measures, encompassing blacklisting, fines, departmental proceedings, or criminal charges, should be invoked against officers and contractors found culpable of substandard or faulty road constructions. It stressed that civic officials cannot evade liability when they neglect their statutory duty to ensure public safety, asserting the court’s authority to impose vicarious liability on public bodies failing to uphold citizens’ fundamental rights.
Concluding on a strong note, the judges emphasized the need to hold civic authorities responsible for the recurring incidents of deaths and severe injuries caused by potholes during the monsoon season.