HC pulls up BMC over pothole negligence; Orders to pay compensation to victims

The Bombay High Court has expressed strong dissatisfaction with the Brihanmumbai Municipal Corporation (BMC) and other civic bodies for their inability to address the long-standing issue of potholes across Mumbai and its metropolitan region. During a suo motu hearing, a bench comprising Justices Revati Mohite-Dere and Sandesh Patil observed that road surfaces which earlier remained durable for decades are now crumbling after just a single spell of rainfall. The bench indicated that municipal authorities must be prepared to compensate victims of pothole-related accidents, including cases resulting in fatalities.

Information presented in court revealed that at least five deaths had been reported in connection with potholes—one each in Mumbai and Thane, and three in Bhiwandi. This disclosure was made by Advocate Ruju Thakker, who had previously filed a contempt petition over the non-implementation of a 2018 High Court directive on pothole management. Taking serious note of the matter, the judges remarked that the loss of a family breadwinner due to civic negligence disrupts the livelihood of an entire household, and therefore civic authorities must shoulder the responsibility of compensation.

Amicus curiae Jamshed Mistry highlighted the systemic absence of a public liability insurance framework in India. Such a system, he explained, exists in many countries and ensures that citizens are protected in cases of accidents caused by public infrastructure. Raising a pointed question, he stated that citizens should not be made to carry the burden of civic neglect. The court, acknowledging this concern, directed senior officials of the BMC and Maharashtra State Road Development Corporation (MSRDC) to appear before it next week with detailed reports on deaths and injuries linked to potholes. Additionally, the civic bodies have been asked to clarify whether they are willing to cover medical expenses for those injured due to hazardous road conditions.

The matter of granting compensation for pothole-related fatalities is expected to be considered further during the next hearing. The bench also reminded the civic authorities that several of its earlier directives on road repairs and grievance redressal mechanisms had not been followed, signalling that accountability could be enforced more stringently.

In a parallel development, the BMC has announced the resumption of its long-delayed road concretisation project. Beginning October, approximately 360 roads in South Mumbai will be concretised, alongside an equal number in the western suburbs. Originally stalled for nearly two years, the project is now scheduled for completion by May 2027. Key stretches identified for immediate work include the Geeta Nagar approach road, Capt Prakash Pethe Road in Cuffe Parade, Marine Lines First Cross Lane, VN Road, and Free Press Journal Marg. The civic body has also prioritised completing over 156 km of partially concretised roads that were left in an incomplete state before the monsoon.