Implement orders on potholes, Bombay HC warns BMC, state

MUMBAI: Bombay high court on Wednesday observed that there would be consequences if its April 2018 orders on potholes were not implemented. “If (the measures) are not in place, we will take them to task,” said a division bench of Justices Abhay Oka and Riyaz Chagla. The bench made the remarks when it was informed that the directives, including having an app where citizens can lodge complaints, were not yet fully implemented. The bench gave the state and BMC two weeks to file compliance reports and scheduled the suo motu public interest litigation for hearing on August 21.

In April, the HC held that a citizen had a fundamental right to have good roads and footpaths. The court had directed BMC and other agencies to maintain roads and footpaths in a good condition and repair potholes promptly. It had directed the agencies to set up a grievance redressal mechanism to tackle complaints about potholes and bad roads. It had also told civic bodies to cover all open manholes.

Senior advocate Anil Sakhare submitted a note to the bench that its directives “will be complied with”. The note said complaints about bad roads were being entertained at ward offices on a toll free number, on BMC’s website, a dedicated WhatsApp number and a mobile app, MCGM 24x7.

The advocate for some petitioners said the app was not operating properly. BMC said that in June-July 2018, it had received 1,642 complaints on potholes and bad roads, and it had attended to 1,497 (around 91%). “The facility of receiving complaints is available throughout the year. User-friendly website to persons with visual disability will be complied with. Tracking facility (for complaints) is available on the website,” BMC said in its note.

The court had directed the Maharashtra government to take a policy decision to incorporate conditions in road construction and repair contracts to “ensure quality and durability of work carried out”.

What HC said

* Fundamental duty of authorities to maintain roads and footpaths in good condition

* State must set up a centralised grievance redressal mechanism for citizens to lodge complaints of bad roads across Maharashtra before June 15

* BMC and other civic authorities must have own grievance redressal mechanism within two months and ensure it is communicated to public

* BMC must ensure all manholes are covered and not left unattended

* State must frame policy to include terms in tender to ensure quality of construction of roads and lay down technical specification for constructing/repairing roads