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Bombay HC Slams BMC Over Potholes, Says Civic Bodies Must Compensate Victims Of Fatalities And Accidents

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Mumbai: The Bombay High Court sharply rebuked the Brihanmumbai Municipal Corporation (BMC) and other civic bodies on Friday for its failure to address the persistent problem of potholes on city roads, suggesting that they should be prepared to compensate victims of accidents and fatalities caused by the hazardous conditions.

A bench of Justices Revati Mohite-Dere and Sandesh Patil criticised the authorities while hearing a suo motu public interest litigation (PIL) hearing regarding the perilous state of city and MMR’s road infrastructure.

The expressed concern, stating, “Roads that once lasted for decades are now developing craters after just one rainfall.” The bench emphasised that the authorities must be ready to offer compensation for both injuries and fatalities resulting from potholes, and raised serious questions about the number of lives lost and injuries sustained due to the neglect of road maintenance. The judges also hinted at the possibility of holding the BMC and other authorities accountable for such tragedies by making them liable for compensation.

Advocate Ruju Thakker, who initially filed a contempt petition against authorities for non-compliance with a 2018 High Court order on potholes, informed the court that five people had died due to potholes—one each in Mumbai and Thane, and three in Bhiwandi.

In response, the the bench remarked, “When someone in the family dies, the entire family’s livelihood is affected. The breadwinner is lost due to sheer negligence. The BMC must be prepared to pay compensation for such losses,” the bench warned.

Senior advocate Jamshed Mistry, appointed as amicus curiae (friend of the court) in the case, pointed out the absence of a public liability insurance system in India, which is commonly found in other countries to cover accidents caused by public infrastructure.

“In other countries, there is a system of public liability insurance to cover such incidents, but in India, this is lacking. Why should citizens bear the brunt of such neglect (by authorities)?” Mistry said.

The court further instructed the BMC’s chief engineer and a senior officer from the Maharashtra State Road Development Corporation (MSRDC) to appear before it next week with detailed reports on the number of deaths and injuries caused by potholes.

“The issue of granting compensation for these pothole-related fatalities will be considered during the next hearing,” the HC said.

It added: “Learned counsel appearing for the respective respondents to also take instructions, as to whether the (civic) corporations are willing to assume responsibility for the medical expenditure of the persons injured on account of potholes within their respective jurisdiction, as the corporations appear to have breached several orders passed by this court from time to time.”

In October 2024, the HC had revived a 2018 PIL concerning pothole repairs across Mumbai and its metropolitan region, after disposing of Thakker’s contempt plea. The court had previously ordered the civic authorities to address potholes and establish a uniform mechanism for addressing public grievances related to road maintenance.

Crime

Delhi: Interstate gang of auto-lifters busted, 11 stolen vehicles recovered

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New Delhi, July 24: In a major breakthrough in organised vehicle theft, the Delhi Police on Friday busted an interstate gang of auto-lifters and apprehended two thieves, with a history of committing such offences.

At least 11 stolen vehicles were recovered from their possession. The arrested accused have been booked under various sections of Bharatiya Nyaya Sanhita (BNS).

The accused were identified as Sarfaraz, resident of Mehrauli and Rahul Kesharwani, resident of Amethi in Uttar Pradesh.

The auto-rickshaw, which the criminals used in stealing the vehicles, has also been impounded by the police.

The action against auto-lifters began on a complaint by Bobby Khan, who reported the theft of his Bajaj Discover motorcycle from Chhatarpur Pahari.

A dedicated police team analysed the CCTV footage of the area and carried out extensive local enquiries. Then, acting on specific information and technical surveillance, they laid a trap near CDR Chowk, apprehending two suspects.

The police recovered 11 stolen motorcycles along with the auto-rickshaw used in the commission of the crime. This has helped resolve 11 motor vehicle theft cases, registered across different police stations in Delhi.

During sustained interrogation, both accused disclosed their involvement in multiple vehicle thefts.

They disclosed that they used to identify unattended motorcycles and scooties parked in residential colonies and public places during late-night hours.

After stealing the vehicles, they either concealed them at isolated locations or disposed of them to prospective buyers after changing their identity to earn quick money.

The Mehrauli police team undertook scientific analysis of CCTV footage, conducted technical surveillance and took direct inputs from field staff for cracking down on the inter-state gang.

With the arrest of auto-lifters running cross-border operations and recovery of 11 stolen vehicles, this deals a significant blow to the organised vehicle theft network operating in the capital.

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National News

Hyderabad cops foil bid by Youth Congress to disrupt BRS protest

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Hyderabad, July 24: Police in Hyderabad foiled an alleged attempt by Youth Congress activists to disrupt a protest by the youth wing of the Bharat Rashtra Samithi (BRS) at Indira Park over the NEET paper leak issue. The Youth Congress has accused the BRS of showing fake sympathy for the students and youths protesting in Delhi and asked why they were silent on the issue till now.

Police detained Youth Congress workers as they gathered at MLA Quarters in Adarsh Nagar to march towards Indira Park.

BRSV, the student wing of BRS, is holding a massive protest at Indira Park in solidarity against the “brutal crackdown” on students and youth in Delhi who are protesting at Jantar Mantar over the NEET paper leak and seeking the resignation of Union Education Minister Dharmendra Pradhan.

BRS Working President K.T. Rama Rao will be participating in the protest against the Delhi Police’s crackdown on the students.

However, the Youth Congress workers tried to take out a rally to Indira Park as it alleged that BRS leaders were “shedding crocodile tears” over the “police brutalities” on students in Delhi.

The protestors were raising slogans against Prime Minister Narendra Modi and leaders of the BRS.

The Youth Congress workers were led by former MP and Congress leader Anjan Kumar Yadav, who alleged that BRS leader K.T. Rama Rao has no right to stage such a protest.

He said that BRS, during its 10-year rule, had banned protests at Dharna Chowk, Indira Park but it was now using the same venue for a protest.

Yadav also alleged that BRS was showing fake sympathy for the students and youth protesting in Delhi. He wanted to know why K.T. Rama Rao, who had remained silent over the protests by students for the past 28 days, suddenly started expressing sympathy for them.

The former MP alleged that BRS and BJP were the two sides of the same coin. He said students suffered during BRS rule due to irregularities in intermediate examinations.

Police denied permission to Youth Congress for the rally and stopped the protestors from crossing the gates of MLA Quarters.

As the protestors tried to force their way, police detained them and shifted them to a police station.

Anjan Kumar Yadav and other Congress leaders were among those detained.

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Advocates across India urge SC to take suo motu cognisance of Rahul Gandhi’s protest near PM residence

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New Delhi, July 24: A group of advocates from across the country has written to Chief Justice of India (CJI) Surya Kant, urging the Supreme Court to take suo motu cognisance of the July 21 sit-in protest led by Leader of Opposition Rahul Gandhi and other Opposition leaders near Prime Minister Narendra Modi’s official residence at 7, Lok Kalyan Marg.

The representation, signed by advocates from multiple High Courts and coordinated by advocate Sanket Gupta, urged the apex court to order a fact-finding inquiry into the protest and lay down binding guidelines governing demonstrations in the vicinity of high-security installations.

The advocates contended that the protest, held outside the Prime Minister’s residence, raised issues extending beyond ordinary public assembly and touched upon concerns of national security and constitutional governance.

According to the representation, Rahul Gandhi, Congress president Mallikarjun Kharge, Priyanka Gandhi Vadra, Samajwadi Party chief Akhilesh Yadav, other MPs, and the Chief Ministers of Kerala and Karnataka held a sit-in protest in the immediate vicinity of the Prime Minister’s residence without prior information or permission.

The representation said the area was “among the most security-sensitive locations in the National Capital” and that any unregulated gathering there carried security implications beyond those ordinarily associated with public protests.

It alleged that senior police officers repeatedly requested the protesters to disperse, informing them that the site was a high-security zone, but the assembly continued despite those appeals.

The advocates further claimed that Union Minister of State in the Prime Minister’s Office Jitendra Singh personally met Rahul Gandhi and urged him to end the protest after assuring that the government was willing to discuss the issue in Parliament, but the demonstration continued for several hours.

Referring to Rahul Gandhi’s social media post calling upon citizens to join the dharna, the representation alleged that inviting members of the public to gather near the Prime Minister’s residence carried “serious and foreseeable security implications” because of the unpredictable size and composition of any responding crowd.

According to the advocates, the Delhi Police eventually removed Rahul Gandhi and other MPs from the site after nearly three hours. “It is a matter of grave concern that a Constitutional functionary such as the Leader of Opposition himself placed the police in a position where such physical removal became necessary,” the representation stated, adding that any untoward incident during the standoff could have had “severe” consequences given the sensitivity of the location.

The advocates stressed that while the right to protest is constitutionally protected, it remains subject to reasonable restrictions in the interests of public order and national security.

“It is submitted that Article 19(1)(b) of the Constitution guarantees the right to assemble peaceably and without arms, but this right is expressly subject to reasonable restrictions under Article 19(3) in the interests of public order and the sovereignty and integrity of India,” the representation said.

The representation also argued that permitting such protests at high-security installations without scrutiny could set an undesirable precedent. “It is submitted that if this becomes a regular practice, it would pose a serious and continuing threat to the internal security architecture of the country,” it said.

“The Constitution makes no distinction between the ordinary citizen and the highest office-holder — all are equally bound by law, and the right to protest guaranteed by the Constitution is, and must remain, subject to reasonable limitations, including the requirement of prior permission in sensitive areas,” the representation added.

Seeking judicial intervention, the advocates urged the Supreme Court to take suo motu cognisance of the incident, direct an appropriate fact-finding inquiry, and frame uniform, prospective guidelines regulating protests in the immediate vicinity of high-security installations.

They said such guidelines should apply equally to all political parties and formations and balance the constitutional right to protest with legitimate security imperatives.

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