No Seriousness On Part Of Authorities: Bombay High Court Orders ₹6 Lakh Compensation In Cases Of Death By Potholes Or Open Manholes

The Bombay High Court has directed Rs. 6 lakhs as compensation in cases of death caused by potholes or open manholes.

The Court took suo-motu cognizance of the issue, pursuant to a letter sent by Justice G.S. Patel (former Judge) to the Chief Justice on July 24, 2013.

A Division Bench comprising Justice Revati Mohite Dere and Justice Sandesh D. Patil remarked, “Deaths and serious injuries caused due to potholes and open manholes have become a regular feature during the monsoon. It is high time that civic authorities, along with the contractors entrusted with road maintenance, are held accountable for such deaths and injuries. We find no seriousness on the part of the authorities in addressing this perennial problem. Unless civic authorities are made accountable, this tragic scenario will continue to repeat itself every year. Accountability must be fixed not only on the contractors but also on the civic authorities themselves.”

The Bench said that it is high time that compensation be awarded to victims or their families who have suffered deaths or injuries on account of potholes and only then will it serve as a wake-up call for the agencies concerned.

Jamshed Mistry was appointed as the Amicus Curiae. Senior Advocates Anil Y. Sakhare, Prashant Chawan, and Addl. GP O. A. Chandurkar represented the Respondents.

Case Background

In his letter, Justice Patel had highlighted the issues of pathetic conditions of the roads in Mumbai and the consequences thereof, which resulted not only into hardships and inconvenience of the people at large, but also resulted in casualties, especially to the riders of two-wheelers, resulting in fatal injuries and also spinal injuries, which were attributed to the potholes on the roads.

Based on the aforesaid issue, the High Court took cognizance and registered the Suo Motu PIL (Public Interest Litigation) on July 29, 2013. Notices were issued to various authorities and thereafter, a Committee was constituted by the State Government to deal with issues pertaining to roads within the limits of Greater Mumbai. Even after multiple Orders and proceedings, the issue was not resolved.

Court’s Observations

The High Court in the above context of the case, observed, “This is a classic case where, despite several orders having been passed by this Court since 2015 in the aforesaid Suo Motu Public Interest Litigation, the matter requires cognizance to be taken each year during the monsoon, in view of the deplorable condition of the roads, with potholes continuing to cause deaths and injuries to persons.”

The Court noted that despite several Orders and Judgments being passed by the Court, the very same issues concerning potholes, open manholes, resultant deaths and injuries, continues every year and this is despite the bold assurances given by the civic authorities and other agencies of the State to act with alacrity and to create an effective mechanism to address these recurring hazards.

“The reality is, that the condition of the roads continues to deteriorate every monsoon, and, at places, after the very first shower. … It is well settled that civic authorities and other agencies of the State are under a constitutional and legal obligation to ensure the safety, welfare and convenience of the public, which includes the provision of proper means of transport. There can be no justification whatsoever for bad and unsafe roads”, it added.

The Court emphasised that it is the responsibility of the civic authorities and State agencies to provide proper civic amenities, including safe roads, to the taxpaying public and it is not only a responsibility but a duty of the authorities concerned.

“As is evident, despite the earlier orders starting from 2015 till date, nothing much has changed. With the onset of every monsoon, potholes and dilapidated roads once again come to the fore. It cannot be disputed that every person is entitled to live with dignity, as guaranteed under Article 21 of the Constitution of India. The right to life under Article 21 has been expansively interpreted to mean not mere existence but a life with dignity and meaning. Good and safe roads are an essential component of such a meaningful life”, it said.

The Court reiterated that the right to have roads in a reasonable condition is a part of fundamental right guaranteed under Article 21 of the Constitution of India.

“The basic object of constructing roads is to allow the passage of vehicles. The basic object of making footpaths/ footways which are a part of street is to allow the citizens to walk and travel from one place to another. If obstructions are created on the streets or footpaths in such a manner that it prevents the citizens from beneficially enjoying their right of passage through the streets and/or footpaths, surely it will amount to infringement of the fundamental right under Article 21 of the Constitution of India to have streets in a reasonable condition”, it remarked.

The Court was of the view that where a fundamental right exists in favour of the citizens, a corresponding obligation is cast on the concerned authorities to ensure that the said right remains available and can be effectively exercised by the citizens and it is equally the obligation of the authorities to ensure that they do not infringe the rights guaranteed under Article 21.

“The majority of persons sustaining injuries or losing their lives due to potholes are two-wheeler riders, largely belonging to the middle and low-income groups. They are often the sole breadwinners of their families, and their loss results in irreparable financial and emotional hardship to their dependents. It is well settled that when there is a violation of a fundamental right under Article 21 by a public authority, the Court has the power to direct payment of compensation to the victims”, it further noted.

The Court also observed that to refuse to award compensation in a Petition involving pothole-related deaths or injuries, and merely to remind the civic authorities of their duties, would amount to rendering mere lip service to the citizens’ fundamental right to safe roads, a right which has been grossly violated.

“Compensation must necessarily be awarded for such deaths and injuries, so that the State and civic authorities are compelled to put their house in order by initiating appropriate action against delinquent officers and defaulting contractors/engineers, responsible for the pathetic road condition”, it added.

Moreover, the Court said that unless those responsible for pothole-related deaths and injuries are made personally accountable, and are compelled to bear monetary liability from their own pockets, they will not understand the gravity of the issue.

“Despite crores of rupees being collected by way of toll and other revenues, the deplorable state of roads reflects gross civic apathy. Accountability shall henceforth be fixed on officers and contractors to ensure that public revenue collected for infrastructure is effectively and faithfully utilised for its intended purpose”, it concluded.

Court’s Directions

In order to ensure effective redressal, accountability, and timely implementation, the Court issued the following directions –

• Compensation for deaths and injuries shall be paid by the Authority concerned i.e. the Municipal Corporations, MMRDA, MSRDC, MHADA, BPT, NHAI, and the PWD, as the case may be. In cases of death caused by potholes or open manholes, a sum of Rs.6,00,000/- shall be paid to the legal heirs of the deceased. In cases of injury, compensation ranging from Rs.50,000/- to Rs.2,50,000/-, depending upon the nature and gravity of the injury, shall be paid. This is independent of, and in addition to, the remedies available to an aggrieved party under any other law.

• Meetings of the Committee shall be held at a venue to be mutually decided by the parties.

• The Committee may act suo motu or on an application submitted by the legal heirs of deceased persons or by injured persons, as the case may be.

• Compensation may be disbursed by the Committee from the fines or amounts recovered from the contractors.

• The Committee so constituted shall identify victims of death or injury caused due to potholes or open manholes.

• Strict disciplinary and penal action shall be taken against contractors and officers found guilty of defective or substandard work.

• All potholes, once brought to the notice of the concerned Corporation or Authority, shall be attended to forthwith and, in any event, within forty-eight hours.

• Compensation, as directed, shall be disbursed within six to eight weeks from the date of receipt of the claim.

Accordingly, the High Court issued necessary directions.

Cause Title- High Court On Its Own Motion v. The State of Maharashtra & Ors. (Neutral Citation: 2025:BHC-OS:18732-DB)

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