Mumbai: The Bombay High Court on Monday came down heavily on Maharashtra’s civic and state authorities for the persistent problem of bad roads and potholes, directing that ₹6 lakh compensation be paid to the families of those who lose their lives in such incidents. The court further ruled that individuals injured due to potholes or open manholes must receive compensation ranging from ₹50,000 to ₹2.5 lakh, depending on the severity of their injuries.

The directive was issued by a Bench of Justices Revati Mohite Dere and Sandesh D Patil while hearing a suo motu case initiated in 2013 based on a letter from Justice GS Patel (now retired) highlighting the dangers posed by unsafe roads.

‘No justification for bad roads’

The court firmly stated that there is “no justification whatsoever for bad and unsafe roads”, particularly in a city like Mumbai, which is the financial capital of India. The judges observed that the Municipal Corporation of Greater Mumbai (MCGM) is one of Asia’s wealthiest civic bodies and, therefore, has no excuse for failing to maintain safe roads.

“Bad roads not only endanger human lives but also have adverse consequences for the economy, including the financial health of companies,” the Bench observed.

The judges reiterated that safe roads are an integral part of the fundamental right to life under Article 21 of the Constitution. They noted that fatal and serious accidents caused by potholes and open manholes have become a regular occurrence during the monsoon season across Maharashtra.

Accountability and penalties

Criticising the lack of seriousness among authorities, the Bench said civic officials and contractors must be held personally accountable for deaths and injuries caused by poor road conditions.

“Unless those responsible are made personally accountable in monetary terms, they will not understand the gravity of the issue,” the court said.

The court ordered that compensation must be paid within six to eight weeks of receiving claims. Delays in payment will attract interest, and officials such as Municipal Commissioners, District Collectors, or Principal Secretaries will be personally responsible for any delay. Once paid, authorities may recover the amount from responsible officers, engineers, or contractors found guilty of negligence.

Committees to oversee compensation

The court has also directed the formation of district-level committees to handle pothole and manhole-related accident claims. These committees will investigate incidents, determine compensation, and ensure compliance with court directives.

Each committee must meet within seven days of receiving an accident report and then every fifteen days to monitor implementation, especially during the monsoon period. They are empowered to take suo motu cognisance of such cases or act upon complaints and newspaper reports.

Additionally, police officers must report such accidents within 48 hours to the committees, while complaints received by municipal or district authorities and the District Legal Services Authority (DLSA) must also be forwarded immediately.

Strict action for negligence

The Bench warned that any failure to repair reported potholes within 48 hours would amount to gross negligence, warranting departmental action against responsible officers and contractors. It also called for disciplinary and penal measures against those executing defective or substandard road works.

Legal representation

Amicus curiae Jamshed Mistry was assisted by Advocates Ronita Bhattacharya Bector and Dipesh Siroya. Advocates Siddharth Ingle, Rashid Khan, and Ruju Thakker represented the applicants, while Advocates OA Chandurkar, RA Salunkhe, and MM Pabale appeared for the State. Several senior advocates, including Anil Y Sakhare and Prashant Chawan, represented various municipal authorities.

The court’s landmark order is expected to bring much-needed accountability in road maintenance across Maharashtra and serve as a wake-up call for civic agencies to prioritise public safety.