The Court proposed developing technology to track the opening of manhole covers by the various public sector entities in the Mumbai Metropolitan region.
On Tuesday, the Bombay High Court ruled that if anyone dies owing to potholes on roads or open manholes/drainage, the accountable officers shall be held liable.
A bench composed of Chief Justice Dipankar Datta and Justice Abhay Ahuja reasoned that if someone falls into a manhole and dies, the Court could not require the injured parties to file a civil complaint for compensation.
“We support your efforts, but what if they die because a manhole is open? We cannot suggest that they file a civil claim. The officers will be notified, and they will be held liable” the judge declared.
The remark was made after senior advocate Anil Sakhare of the Brihanmumbai Municipal Corporation (BMC) informed the court that the corporation was addressing manhole issues with urgency and ensuring that all manholes were covered.
The Bench also recommended that municipal authorities such as the BMC devise a lasting solution to the persistent problem of open manhole covers.
“In this day of modern technology, why don’t you devise something that if someone touches a manhole cover, tampers with the cover, you get to know immediately in your office? Why not something like a sensor?” the Bench asked.
The court also noted that municipal authorities should create a standard operating procedure (SoP) for addressing manhole cover difficulties, and maybe install iron grills beneath manhole covers.
“Solution has to be provided by you. What should be the appropriate solution for this, you tell us. We need permanent measures. You must do some progressive thinking. It is your job. We cannot keep saying what needs to be done,” the bench said posting the matter for hearing on December 19.
The statements were made in a complaint alleging that the civic authorities of the Mumbai Metropolitan Region were in contempt of a 2013 High Court decision over a public interest lawsuit involving potholes.
In 2018, the High Court rendered a comprehensive decision after considering the input of attorneys and other parties.
Ruju Thakker, a Mumbai attorney and petitioner in person, petitioned the High Court a year later, stating that the municipal officials had failed to follow the High Court’s February and April 2018 rulings.
Written By: Lakshman Singh, B.B.A LL.B (Hons.), Shri Ramswaroop Memorial University, Lucknow
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