Bombay High Court Mandates Compensation for Pothole-Related Deaths and Injuries
Civic Authorities Held Accountable for Road Safety Violations; Committees to Oversee Compensation and Recovery
In a landmark judgment, the Bombay High Court has underscored the fundamental right to safe roads, linking it directly to Article 21 of the Constitution of India. The Division Bench comprising Justices Revati Mohite Dere and Sandesh D. Patil emphasized that the right to have streets and footways in reasonable condition is a fundamental right, and civic authorities are obligated to ensure this safety.
The court has mandated that compensation for deaths or injuries resulting from potholes or open manholes must be paid by the responsible municipal bodies and authorities, with amounts ranging from Rs. 6,00,000 for fatal accidents to Rs. 50,000-2,50,000 for injuries, depending on severity. This compensation is independent of private law remedies, allowing victims to seek further redress.
The judgment further establishes accountability on civic and state agencies for timely road maintenance and repair, with the threat of penalties, blacklisting, and criminal prosecution against contractors guilty of defective work. Disciplinary action is also mandated for officers failing in their duty.
To streamline the process, the court has ordered the formation of Committees comprising municipal commissioners and district legal service authorities to oversee the disbursement of compensation and recovery from negligent officials and contractors. These Committees are tasked with convening regularly to ensure compliance and address grievances.
The judgment is a culmination of ongoing legal proceedings initiated by the court itself in a Suo Motu Public Interest Litigation since 2013, highlighting the perennial issue of potholes and substandard roads in Mumbai. Despite previous orders, the condition of roads continues to be a recurring problem, prompting the court to take stringent measures to uphold citizens' rights.
The court has directed wide publicity of these measures, urging affected individuals to approach the Committees for relief, thereby reinforcing the accountability of civic authorities to maintain road safety. With the monsoon season exacerbating road conditions, the judgment serves as a crucial intervention to protect citizens' rights and ensure civic responsibility.
Bottom Line:
The right to have streets and footways in reasonable condition is a fundamental right under Article 21 of the Constitution of India - Compensation for deaths or injuries caused by potholes or open manholes must be paid by the responsible authorities, with recovery from contractors or officials found negligent.
Statutory provision(s): Constitution of India Article 21, Public law remedy under Article 226
High Court On its Own Motion v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2793723
