Mumbai, July 6: Human life is precious and everything must be done to protect it, the Bombay High Court said on Monday while pulling up the Brihanmumbai Municipal Corporation (BMC) over repeated deaths caused by people falling into open manholes.
HC Pulls Up BMC
A Bench of Justices Ajey Gadkari and Kamal Khata also criticised the civic body for refusing to assure the court during the previous hearing that there would be no manhole-related deaths this monsoon.
When the matter was heard on June 29, the court had asked the BMC to state that no deaths would occur due to open manholes this year. However, the corporation declined to give such an assurance.
On Monday, after being informed that 55-year-old Aslam Isak Shaikh died on July 2 after falling into an open manhole at Sakinaka, the judges expressed their displeasure.
"That's why you did not assure us last time that there would be no manhole-related deaths. You just give documents. It is good for nothing," the Bench remarked.
BMC Details Action Taken
The BMC filed an affidavit stating that the incident was taken "with seriousness" by the Municipal Commissioner and the administration. Three civic officials have been suspended, and a committee headed by the Additional Municipal Commissioner (Western Suburbs) has been constituted to inquire into the incident, fix responsibility, and submit a report within seven days. The panel has also been asked to recommend measures to prevent such incidents.
The Committee for Effective Redressal, Accountability and Timely Implementation has decided to pay Rs 10 lakh as compensation to Shaikh's legal heir.
The affidavit stated that the contractor had removed the protective grill without obtaining permission or informing the local ward office and failed to erect barricades around the open manhole. The BMC has assured the court that all manholes across the city will be inspected within eight days in view of the ongoing heavy rainfall.
"We thus say that the officers of the BMC are going from road to road to identify open manholes or missing protective grills, over and above previous inspections, and take immediate steps to ensure no such incident occurs," the affidavit stated, adding that the issue was being addressed on a "war footing".
BMC counsel Anil Sakhare informed the court that a dedicated WhatsApp number would be launched for citizens to report open manholes and missing covers, with complaints to be attended to within 12 hours. He also said that of the 1,600 pothole complaints received, 1,325 had been resolved, while the remaining 275 would be addressed shortly.
Court Seeks Accountability
Emphasising that "human life is precious", the Bench questioned why the corporation focused on remedial measures instead of preventing accidents.
The court also expressed displeasure over a committee awarding only Rs 75,000 as compensation for the death of a two-year-old boy who fell into an open stormwater chamber in Thane in November 2025. Pointing out that an earlier High Court order prescribed Rs 6 lakh compensation in cases of death, the Bench asked how the authorities could be so insensitive and wait for judicial intervention. TMC advocate Mandar Limaye said he would request the committee to review the compensation.
The Bench also directed the police to inform it at the next hearing whether an FIR had been registered in the Sakinaka case. It has called for action taken on reports from the BMC and police on deaths and injuries due to potholes and open manholes.
The High Court was hearing a contempt petition filed by advocate Ruju Thakkar alleging non-implementation of High Court orders regarding tackling the pothole menace in the state.
Amicus curiae (friend of the court), senior advocate Jamshed Mistry, submitted that while the focus was on Mumbai and the Mumbai Metropolitan Region, the situation was no better in the rest of the state. He said that the learnings from here should be replicated throughout the state.
Also Watch:
Justice Khata further questioned the MMRDA as to why its other roads were not maintained as well as the Mumbai Trans Harbour Sea Link.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
