This case was looked under by the division bench of ‘Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor’, the case was regarding the death of the people due to the potholes available. To which the Bombay High Court declared that the state government and local governments have a constitutional duty to construct and maintain good roads.
“You (BMC) might have done concretisation of certain kilometres of roads till now, but that does not mean roads are not in good condition. Every day there are newspaper reports about bad roads and the net result is the same. I have been a student of statistics and there are three types of lies in statistics. Lies, damned lies and statistical lies. These statistics are not to be confused with the amount of work that needs to be done. If you see your own data, the rainfall has not increased much this year. The main cause is negligence and what is done with government funds,” CJ Upadhyaya orally remarked.
Court raised the concern regarding the roads that many pedestrians and cyclists lost their life due to dropping/ slipping in the potholes, and these are not natural; these are man- made losses. And ordered to handover the work to BMC for pothole free roads and for maintenance of it.
Mahek Jain , Student at Swami Vivekananda college of law , Intern under legal vidya
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