The Bombay High Court has held that civic authorities and contractors responsible for road maintenance will be liable for deaths caused by potholes or poorly maintained roads. The Court directed that in such cases, families of deceased victims must be paid ₹6 lakh as compensation, while those injured should receive between ₹50,000 and ₹2,50,000 depending on the severity of the injuries. This directive was issued by a division bench comprising Justices Revati Mohite-Dere and Sandesh Patil, which emphasized that citizens have a constitutional right to safe and well-maintained roads. The judges noted that the dismal state of roads and the frequent accidents resulting from potholes amount to a violation of the right to life guaranteed under Article 21 of the Constitution.
The Court took note of several incidents in Mumbai, Thane, and Bhiwandi where people had lost their lives due to potholes during the current year. It observed that such tragedies have become a recurring pattern, with agencies engaging in a blame game after every fatal accident rather than taking concrete corrective measures. Despite earlier directions from the High Court and assurances from the State Government that road maintenance responsibilities would be streamlined under the Brihanmumbai Municipal Corporation (BMC), the judges found that little progress had been made. They remarked that the issue of potholes, open manholes, and poorly constructed roads continues to resurface every monsoon season, reflecting negligence, poor workmanship, and misuse of public funds.
The bench expressed strong disapproval of the poor quality of road construction and maintenance, noting that some roads in Mumbai have not been relaid for decades while newly constructed roads develop potholes within weeks. The Court described this situation as evidence of civic apathy and administrative failure, stating that municipal authorities have failed to exercise adequate oversight over contractors. The judges stressed that accountability must not remain theoretical and that both contractors and officials responsible for poor road conditions must be held personally liable for their lapses.
The Court ruled that the compensation it prescribed is meant to serve as exemplary damages for breach of public duty. It clarified that the payment of damages would not preclude the filing of other civil or criminal actions, including those under tort law, against responsible officials or agencies. The Court underscored that such damages are necessary to ensure deterrence and to remind public authorities that they are custodians of taxpayer funds, which must be used for the welfare and safety of citizens.
The judgment also directed that contracting standards for road construction be improved. Roads must be built and maintained to last a minimum of five to ten years, taking into account heavy traffic and monsoon wear and tear. The bench observed that the large sums collected through tolls and municipal taxes must be reflected in durable infrastructure, and any failure in this regard constitutes a breach of constitutional duty.
Reiterating that the right to safe roads is integral to the right to life, the Court stated that the government and civic bodies are constitutionally obligated to ensure that roads and public pathways are maintained in a condition that does not endanger life or safety. The bench made it clear that systemic negligence and administrative apathy in maintaining roads will no longer be tolerated. It warned that recurring lapses will invite legal consequences, including financial penalties and disciplinary action against responsible individuals. The ruling seeks to enforce accountability, protect public safety, and affirm that citizens must not be made to suffer or die due to government negligence in maintaining public roads.
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