The Bombay High Court has emphasized that the cause of deaths resulting from pedestrians or cyclists falling into manholes or potholes is a "man-made" issue, not a natural occurrence
. In response to a contempt petition alleging non-compliance of 2018 orders by civic authorities to repair potholes along arterial roads, the court directed an immediate inspection of manholes throughout the city. The inspection will be conducted by BMC officials accompanied by advocate-commissioners across 24 wards, and the findings are to be submitted within three weeks.
A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor was overseeing the case. The court also criticized the state government's "slackness" in complying with a previous HC order from September 30, 2022, which suggested handing over roads in Mumbai to BMC for repair and maintenance to ensure pothole-free, well-maintained roads.
Senior advocate Anil Sakhare, representing the BMC, highlighted that potholes mainly occur on asphalt-surfaced roads and shared that 395 km of roads have already been concretized. BMC chief Iqbal Singh Chahal explained that the unusually heavy rains this year led to the emergence of potholes in a short span of five weeks after June 25. Chahal further stated that nearly 2,050 km of roads in the city are under BMC control and that out of 59,533 potholes surfaced this year, 59,213 were immediately attended to. He also assured that all manholes are covered, and protective grills have been installed in flood-prone areas, with the rest set to be fixed by May next year.
However, the court raised concerns over the condition of the roads, stating that statistics should not overshadow the actual work that needs to be done. Chief Justice Upadhyaya remarked that negligence and improper use of government funds were contributing factors.
Moreover, the court reiterated the constitutional and statutory obligation of the state government and civic authorities to ensure good roads. It expressed the view that the deaths caused by such infrastructure issues are preventable and should not lead to waste of court time. The court directed the Thane District Collector to report on a motorcyclist's death allegedly due to potholes and requested other municipal corporations and authorities to comply with the September 30, 2022 order. The HC is scheduled to resume hearing the case on September 29.
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