Mumbai: Bombay HC Revives PIL Addressing Potholes & Manholes In The Interest Of Public Welfare

Mumbai: Bombay HC Revives PIL Addressing Potholes & Manholes In The Interest Of Public Welfare

A bench of Chief Justice DK Upadhyay and Justice Amit Borkar revived the original PIL saying that considering the public welfare and public importance of directions, in the light of the recognition of fundamental rights under Article 21, the PIL stands revived.

Urvi MahajaniUpdated: Tuesday, October 08, 2024, 02:57 PM IST
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Mumbai: The Bombay High Court on Tuesday revived the public interest litigation (PIL) highlighting bad conditions of city roads considering “public welfare and public importance”. The court, meanwhile, disposed of the contempt petition filed by a lawyer alleging non-compliance with the 2018 HC orders by civic authorities to repair potholes along all arterial roads in the city and Mumbai Metropolitan Region (MMR).

Original PIL Revived

A bench of Chief Justice DK Upadhyay and Justice Amit Borkar revived the original PIL saying that considering the public welfare and public importance of directions, in the light of the recognition of fundamental rights under Article 21, the PIL stands revived.

The bench then asked the respondent civic bodies to take immediate “corrective action” and ensure full compliance with the directions of this court of 2018.

“The respondents shall submit a detailed compliance report through the affidavit in reply within eight weeks from today, failing which other coercive steps shall be taken against them. List PIL on December 3, 2024. Contempt petition stands disposed of,” the bench said.

Court Disposes Of The Contempt Petition

The court disposed of the contempt petition by advocate Ruju Thakkar observing that authorities had “made efforts for compliance” with the 2018 directions, and therefore, were not in contempt of the said orders. It said that it was difficult for it to keep issuing directions in the contempt plea, hence it was reviving the PIL.

Emphasising that the respondents had not committed any contempt of orders dated February 24 and April 12, 2018, the HC said the respondents have made bonafide efforts for compliance with directions, therefore, they cannot be held to have committed contempt. The Bombay High Court will hear the PIL on December 3.

In February and April 2018, a division bench headed by Justice Abhay Oka (now a Supreme Court judge) passed orders on suo motu PIL, directing the repairing of potholes along all arterial roads in the city and devising a uniform mechanism to redress citizens’ grievances related to bad roads and potholes.

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