The Bombay High Court on Tuesday declined to initiate contempt proceedings against several civic bodies in Maharashtra for alleged non-compliance of 2018 orders on the issue of poor condition of roads and potholes, noting there have been bona fide efforts and marked conformity.
A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar, however, said it was reviving a 2013 public interest litigation (PIL) taken up suo motu (on its own) by the HC as the issue pertains to people’s welfare. The bench noted citizens have a fundamental right to have streets and footways in a reasonably good condition and civic authorities are obligated to ensure they are maintained in a state that allows people to use them effectively.
The court disposed of a petition filed by an advocate, Ruju Thakker, seeking contempt action against municipal corporations of Mumbai, Navi Mumbai, Kalyan-Dombivli, Vasai-Virar, Thane and Mira Bhayandar for non-compliance of orders passed in 2018 on the issue of potholes.
The 2018 orders had directed these civic bodies to complete the work of maintenance of road, display of information for digging work, establishment of redressal grievance mechanism, manhole safety, and quality assurance in road contracts. The bench on Tuesday noted there has been bona fide efforts and substantial compliance of the court orders, but actions of civic bodies have fallen short of complete conformity.
“We are of the considered opinion that the respondents (civic bodies) have established that they have made bona fide efforts to comply with the directions and have further demonstrated substantial compliance,” the HC observed.
“We are, therefore, of the opinion that the respondents cannot be held to have committed wilful disobedience of the court orders passed in 2018,” it insisted.
The bench then went on to say it was reviving a PIL on the issue taken up suo motu by the HC as it involves citizens’ welfare. “However, taking into consideration public welfare and importance of the directions in the light of recognition of fundamental right under Article 21 (protection of life and personal liberty), the PIL taken up suo motu in 2013 stands revived,” the court said.
The bench directed all the civic bodies concerned to take immediate corrective action to ensure full compliance with the court orders and submit a detailed report by December 3.
The poor condition of some roads, failure to establish a functional grievance redressal mechanism operational throughout the year, piecemeal approach to pothole repairs and lack of precautions for some open manholes collectively show that civic bodies have not completely fulfilled the court directives, the HC observed.
“Therefore, we are satisfied that while there has been substantial compliance, the respondents (civic bodies) must be directed to complete the remaining work without any further delay,” the court said.
The bench, while reviving the PIL, maintained that people’s welfare was at stake and hence constant vigil and supervision was essential. The court underscored that local authorities bear a continuous obligation to maintain streets and footpaths in good condition, ensuring that potholes are filled scientifically.
“This duty is ongoing and cannot be neglected without legal consequence,” the HC emphasised and pushed for continuous judicial supervision is cases where citizens’ welfare was at stake.
“Continuous mandamus is necessary to ensure that government or local authorities adhere to their duties relating to public services which include maintaining road infrastructure or other statutory duties cast under the provisions of the Municipal Corporations Act,” it added.
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