LI Network
Published on: 12 August 2023 at 12:32 IST
The Bombay High Court issued a stern statement on Friday, declaring that deaths resulting from inadequate road conditions, potholes, and manholes are not natural occurrences but rather man-made.
The Court emphasized that it is the constitutional responsibility of both the Maharashtra government and civic bodies to ensure the provision of well-maintained, motorable, and safe roads.
Chief Justice D K Upadhyaya and Justice Arif Doctor presided over a division bench that also criticized the state government for not acting upon a suggestion made in court last year.
The suggestion pertained to transferring all roads within the jurisdiction of the Brihanmumbai Municipal Corporation (BMC) for maintenance and repair work.
The bench was addressing a petition filed by advocate Ruju Thakker, seeking contempt action against civic authorities for failing to implement the high court’s 2018 orders to mend potholes on arterial roads in Mumbai and its surrounding areas.
The bench instructed all municipal corporations to submit comprehensive affidavits detailing their actions in response to the 2018 court order aimed at eradicating potholes on all roads.
Chief Justice Upadhyaya stressed, “Every day there is some incident. These are man-made. The cause of these deaths is not natural. It is man-made. You (government and civic bodies) have to stop this. It is your responsibility. You have a constitutional obligation.“
The bench highlighted that addressing such matters should not be solely reliant on court orders.
BMC commissioner Iqbal Chahal explained that Mumbai had experienced heavy rainfall this season, which adversely affected road conditions.
He stated that roads were being concretized, and repair work was being conducted when issues with potholes arose.
However, the court remained unimpressed and questioned why roads were unable to withstand rain.
Chief Justice Upadhyaya expressed dissatisfaction with the situation and commented, “The situation remains the same. The quantum of work required to be done is much more. I have been a student of statistics, and we were taught that there are three stages of lies: one is lying, the second is damn lying, and the third is statistical lies.”
Regarding the suggestion of handing over roads in Mumbai to BMC, the state government indicated that a decision had not yet been reached.
The bench directed ward officers of each of Mumbai’s 24 wards to inspect and submit a report on open manholes within three weeks.