Bombay High Court
Ruju R. Thakker vs State Of Maharashta And 11 Ors. ... on 9 August, 2023
Bench: Shri Arif Doctor
5-CONPP-6-2019
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMP PETITION NO. 6 OF 2019
IN
PUBLIC INTERET LITIGATION NO. 71 OF 2013
Ruju R. Thakker .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
WITH
PUBLIC INTEREST LITIGATION (L) NO. 22690 OF 2021
Dr. Dhanalakshmi Iyer .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
Ms. Ruju R. Thakker, petitioner in-person in
CONPP/6/2019 in PIL/71/2013.
Mr. Jamshed Mistry, Amicus Curiae, present.
Mr. P. P. Kakade, Government Pleader with Mr. Abhay L.
Patki, Additional Government Pleader & Mr. M. M.
Pabale, AGP for State of Maharashtra.
Mr. A. Y. Sakhare, Senior Advocate with Ms. Oorja
Dhond, i/b. Mr. S. K. Sonawane for MCGM.
Mr. A. A. Garge for respondent no. 3 (NMMC).
Ms. Madhuri Lakhani i/b. Motiwala & Co. for
respondent no. 7 in CONPP/6/2019.
Mr. Prathamesh Sawant i/b. Mr. Mandar Limaye for
Thane Municipal Corporation in PIL/71/2013.
Mr. Prashant Chawan i/b. Ms. Reshmarani Nathani for
respondent no. 9 (MSRDC).
Ms. Aparna Vhatkar for MMRDA.
Mr. Rohit Sakhadeo for respondent no.20/NMC.
Ms. Swati Sagvekar for respondent no. 6 (Vasai Virar
City Municipal Corporation).
Mr. Sachin P. Patil i/b. Mr. I. M. Khairdi for respondent
no. 25.
Mr. Ajit Hon for respondent no. 52 and 356.
Ms.Shradha K. Nakadi with Ms. Ruchi N. Nagda i/b. Mr.
Rupesh K. Bobade for respondent no. 321.
Mr. T. D. Deshmukh with Mr. Anshuman Deshmukh for
respondents 282 and 285.
Mr. Vikas Somawanshi with Mr. Roshan Chavan i/b. Mr.
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Vaibhav Ugle for respondent no. 260.
Mr. Gaurav Ugale i/b. Mr. Shriram Kulkarni for
respondents 54 to 59, 253, 357 & 358.
Ms. Sweta Shah i/b. Mr. Abhijit P. Kulkarni for
respondent Pune Municipal Corporation.
Mr. Ravindra S. Pachundkar for respondents 334, 337,
327, 332, 335, 338 in PIL/71/2013.
Mr. A. S. Rao for KalyamDombivli Municipal
Corporation.
Ms. Pushpalata B. Khot with Mr. Umesh Mankapure for
respondent nos. 181 & 324.
Mr. Akshay Shinde for respondent no. 7 in
PILL/22690/2021.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE: 9th AUGUST, 2023
P.C.:
1. Raising serious concern about the rising incidents of road
accidents taking place on the roads, sometimes causing death
or injury, learned Amicus and the petitioner, who appears in
person, have drawn our attention to various newspapers
reports where such incidents have been reported. We have
perused these newspaper reports which are taken on record.
The reports depict the poor and non-transportable condition of
the roads which sometimes becomes the cause of such
accidents.
2. The Court in its order passed on 7th December, 2022 has
noted an earlier Judgment of this Court dated 24th February,
and 12th April, 2018 in Public Interest Litigation No. 71 of
2013 wherein various directions were issued to all the
Municipal Corporations and other authorities as also the State
Government to maintain the streets and roads, including
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footways/footpaths in good and proper condition. In the said
order, it was also observed by the Court that it shall be the
responsibility of the Corporations to keep the streets and
footways properly levelled and surfaced and further that
Corporations shall ensure that potholes and ditches are
properly filled in. The said directions were issued by the Court
keeping in view the statutory duty cast on the municipal
bodies under various legislations. After noticing the directions
contained in the order dated 24th February and 12th April,
2018, the Court very categorically observed in para 11(b) of
the order dated 7th December, 2022 that, "it is made clear
that if any untoward incident of the nature described above or
as apprehended by the petitioner results in loss of life or limb,
the respective Municipal Commissioner(s), Metropolitan
Commissioner, Chief Engineer shall be held personally
responsible."
3. Despite the aforesaid observations made by the Court, it
appears that adequate measures have not been taken by the
respective Corporations to ensure strict compliance of the
order dated 24th February and 12th April, 2018.
4. It is in this backdrop that a prayer has been made by the
petitioner to initiate contempt proceedings against the erring
officials of the Corporations.
5. As per the newspaper reports tendered today to the
Court, a 32 years old bike-rider is said to have lost his life
while dodging the pothole on a road. He is said to have been
hit by a dumper and to have succumbed to death. In respect
of the said incident in the affidavit filed on behalf of the
Kalyan Dombivali Municipal Corporation (KDMC), it has been
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stated that the accident in which the motorcyclist died, did not
occur on account of any potholes on the road, rather reasons
for the accident are otherwise. The affidavit filed on behalf of
the KDMC is taken on record. In view of the denial of the
cause of death, as reported in the newspaper, by the KDMC,
we need to ascertain if the death has occurred on account of
poor condition of the road.
6. We, thus, appoint a Commission comprising of (i) Ms.
Mansi Naik and (ii) Ms. Rashmi More, practicing lawyers of
this Court, to execute Court Commission and ascertain as to
whether the accident in which the motorcyclist died had
occurred while he was trying to dodge the pothole on the
road. The Advocate-Commissioners shall gather the necessary
information by visiting the spot where the accident is said to
have occurred. They shall also speak to the family members
of the deceased, the people in the vicinity where the accident
had occurred as also the officials of the KDMC. The
Commission is expected to submit its report by the next date
of listing which may be fixed day after tomorrow.
7. The actual costs of Commission, which will include to
and fro transportation expenses and other incidental
expenditure shall be borne by the KDMC. In addition, each
Advocate-Commissioner shall be paid a fee of Rs.15,000/-
(Rupees Fifteen Thousand only).
8. As observed above, despite the mandatory directions
issued by the Court in its order dated 24th February and 12th
April, 2018 in PIL No. 71 of 2013, the newspapers have
reported that the condition of the roads is not good and
further that on various roads potholes exist. The reports also
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mention about uncovered/unguarded manholes which make
the pedestrians or anyone using the roads prone to accidents
to the extent that even their life may be in danger.
9. In the aforesaid view of the matter, we require the
presence of (i) Commissioner, Municipal Corporation of
Greater Mumbai, (ii) Commissioner, Navi Mumbai Municipal
Corporation, (iii) Commissioner, Kalyan Dombivali Municipal
Corporation, (iv) Commissioner, Vasai Virar Municipal
Corporation, (v) Commissioner, Mumbai Metropolitan Regional
Development Authority, (vi) Commissioner, Thane Municipal
Corporation and (vii) Commissioner, Mira Bhayander Municipal
Corporation before the Court on 11th August, 2023 at 10.30
a.m. to explain as to why they should not be made liable for
disobedience and non-compliance of the judgment dated 24th
February and 12th April, 2018 passed by this Court in PIL No.
71 of 2013.
10. Stand over to 11th August, 2023. To be listed first on
board.
11. Additional Affidavits dated 8th August, 2023 filed by Mr.
Satish Damodar Chavan, Chief Engineer (Sewerage
Operation), B.M.C. and dated 8th August, 2023 filed by Mr. M.
M. Patel, Chief Engineer (Roads and Traffic), BMC are taken on
record.
12. The Municipal Commissioners of the respective
Corporations shall be apprised of this order by the learned
counsel representing the respective Corporations forthwith.
Digitally
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
signed by
PRAVIN
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2023.08.09
18:51:11
+0530
