HC revives 2013 PIL on bad roads

Mumbai: The Bombay High Court on Tuesday revived a 2013 suo motu PIL on bad roads and potholes, even as it observed that the state govt and local authorities, including the BMC, had made bona fide efforts to comply with directions in two 2018 orders.
"… taking into consideration public welfare and public importance of the directions in the light of recognition of the fundamental right under Article 21 (Right to Life), public interest litigation of 2013 stands revived," Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar directed.
They disposed of a 2019 contempt petition by advocate Ruju Thakker that alleged non-compliance with the February 24 and April 12, 2018 orders by corporations of Mumbai, Thane, Mira-Bhayandar, Vasai-Virar, Kalyan-Dombivli, Navi Mumbai, and State officials.
Thakker had argued that potholes continue to persist. The judges said the respondent-authorities demonstrated that the majority of roads have been maintained and substantial concretisation work is completed. They referred to BMC's reply that except for 81km out of 2050km of roads, the rest of the roads are concretised or work is in progress. "Similar is the situation regarding other municipal corporations," Justice Borkar wrote for the bench. The judges said the authorities' affidavits-in-reply indicate compliance with the grievance redressal mechanism, filling of potholes, and covering open manholes.
Their analysis of material on record indicated that while the authorities have made bona fide efforts to comply with HC directions, "their actions fell short of complete compliance." They flagged the poor condition of some roads, failure to establish a fully functional grievance redressal mechanism, a piecemeal approach to pothole repairs, and a lack of precautions for some open manholes.
However, they concluded that the authorities had made bona fide efforts and demonstrated substantial compliance with HC directions. Therefore, they "cannot be held to have committed wilful disobedience" of HC directions.
The judges said that the authorities must be directed to complete the remaining work without any further delay, but it is not possible to pass directions in contempt proceedings. Observing that constant vigil and supervision are essential, they noted that "orders in the nature of continuous mandamus are necessary for ensuring compliance with directions...." "Local authorities bear a continuous obligation, as mandated by HC, to maintain streets and footpaths in a state of good condition, ensuring that potholes are filled scientifically as an ongoing project," they added.
Reviving the PIL, they directed the authorities to take "immediate corrective action to ensure full compliance" with HC's directions and submit a detailed compliance report on Dec 3.