Mumbai, Nov 24: The Bombay High Court on Monday sharply criticised multiple civic and state authorities for shifting responsibility over compensation payments in pothole and manhole related deaths, warning that if they failed to resolve jurisdictional disputes, the court would order all concerned agencies to share compensation equally.
Bench Warns of 50-50 Compensation Orders
A bench of Justices Revati Mohite-Dere and Sandesh Patil observed that authorities routinely blamed one another instead of taking responsibility for crumbling roads.
“We will direct you to pay 50-50% compensation. Then you all keep fighting amongst yourselves and then recover from the other (concerned authority),” the bench remarked.
Jurisdiction Row in Vikhroli Biker’s Death
The court made the observation while hearing a case involving the death of a biker in Vikhroli in August. The victim was run over by a truck while trying to avoid a pothole.
The BMC’s counsel Anil Sakhare claimed the road was under the Mumbai Metropolitan Region Development Authority (MMRDA), which in turn said it had already handed over the stretch to the municipal corporation.
MMRDA advocate Aparna Watkar insisted that the authority has completed the formalities of handing over the road to BMC for maintenance purpose.
Open Drain Death in Dombivli Also Cited
The court was also dealing with the issue of the death of a 13-year-old boy, Ayush Kadam, who was swept into an open drain in Dombivli on September 28. In that case too, Kalyan Dombivali Municipal Corporation (KDMC) and MMRDA had disputed jurisdiction..
Court Calls Blame-Shifting Unacceptable
Calling the shifting of blame unacceptable, the court said: “This road has to belong to some authority. You can’t ask a person to go from one committee to another.” It added that in cases where jurisdiction is disputed, “we will direct 50-50 compensation to be paid”.
PIL Origin Traced Back to 2013
The proceedings stem from a suo motu PIL registered in 2013, based on a letter written by retired Justice Gautam Patel to the Chief Justice, drawing attention to the ‘pathetic state of Mumbai’s roads’ and the deaths and injuries caused by potholes.
Committee Must Examine All Cases, Says HC
During the hearing on Monday, the bench also clarified that a newly formed government committee must examine all pothole-accident complaints — not merely those filed after its constitution.
State Creates Committee to Fix Compensation
Following earlier court directions, the state government on November 19 formed a committee to determine compensation in pothole or manhole cases under the Public Works Department.
As per the new framework, families of those who die in such incidents will receive Rs 6 lakh, while injured persons will be entitled to Rs 50,000 to Rs 2.5 lakh, depending on injury severity.
Authorities Claim ‘No Complaints’ Despite Deaths
Multiple civic and development authorities — including the BMC, MMRDA, MSRDC, Ulhasnagar Municipal Corporation and Thane Municipal Corporation — filed affidavits stating that committees had been formed, meetings were held, and public information uploaded online. Yet, several claimed they had received “no complaints” so far.
Court Questions Claims Amid Reported Deaths
The bench questioned these assertions in light of six pothole-related deaths reported across Mumbai and the MMR this monsoon, noting, “If this is the case, you can’t file an affidavit saying that all is hunky dory in your jurisdiction.”
Past Cases Must Also Be Reviewed
The court specifically directed that previously reported deaths — including two in Thane, one in Mumbai, and that of Ayush Kadam — must be placed before the respective committees, even if incidents occurred before their formation.
Also Watch:
Next Hearing Dates Fixed
The HC has kept the matter for hearing on December 2 regarding the committee’s decision in Kadam’s death. The main petitions are kept for further hearing after three weeks.
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