'No Action Will Be Taken Unless...': Bombay HC Summons BMC Commissioner Over Pothole Issue In Mumbai

The Bombay High Court summoned the civic chiefs of Mumbai and five other municipal corporations and said that no action would be taken unless senior officials are made personally liable.

The Bombay High Court summoned the civic chiefs of Mumbai and five other municipal corporations to court on Friday and said that no action would be taken unless senior officials are made personally liable.

Source : Getty

The Bombay High Court summoned the civic chiefs of Mumbai and five other municipal corporations to court on Friday for not complying with its directions to keep roads and footpaths pothole-free, as reported by news agency PTI. The court stated that no action will be taken unless senior officials are made personally liable.

Apart from the commissioner of the Brihanmumbai Municipal Corporation (BMC), the chiefs of the Thane Municipal Corporation, Vasai Virar Municipal Corporation, Kalyan Dombivli Municipal Corporation, Navi Mumbai Municipal Corporation, and Mira Bhayander Municipal Corporation also have to appear before the court.

A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor said that directions have been passed by the high court since 2018 in which all civic bodies have been asked to ensure that roads and footpaths are maintained and kept pothole-free, as reported by PTI. The court said that it has been five years, and it appears that the civic bodies have not taken adequate action to ensure strict compliance with the orders.

"We require the presence of the BMC Commissioner and the commissioners of the other municipal corporations to explain as to why they should not be made liable for disobedience and non-compliance of court orders," the bench said, as quoted by PTI.

The court made the remarks while hearing a petition filed by an advocate, Ruju Thakker, seeking that contempt action be initiated against the civic authorities for failing to implement HC orders of 2018 directing the repair of potholes along all arterial roads in Mumbai and neighbouring areas.

The bench questioned the civic bodies’ inaction and said, "It has been five years since the first order was passed on the issue in 2018, and still the civic bodies have not been able to remove potholes." The court took note of the rising number of accidents due to the poor condition of roads, potholes, and manholes and said no action would be taken unless senior officials are made personally liable.

The bench said the commissioners are in contempt of court as they have not complied with the court orders. Ideally, before every monsoon, each civic body ought to carry out a survey of potholes and manholes in their jurisdiction," the court said, as quoted by PTI.

Meanwhile, the bench also set up a commission comprising two lawyers to inquire into and ascertain the cause of death of a 32-year-old biker in Kalyan district. The biker fell down while trying to dodge a pothole and was run over by a dumper, PTI reported, citing newspaper reports.

However, in an affidavit submitted in court on Wednesday, the Kalyan Dombivli Municipal Corporation (KDMC) said the biker fell not because of a pothole but because of a narrow and congested road.

"In view of this denial on the cause of death by the KDMC, we need to ascertain if the death has occurred on account of the poor condition of the road and potholes. We thus appoint a commission comprising two lawyers to inquire and ascertain if the biker had died due to dodging a pothole or otherwise," the court said, as quoted by PTI.