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In a landmark order aimed at addressing the persistent menace of potholes and poor road conditions, the Bombay High Court on Monday directed authorities to pay Rs 6 lakh compensation to the families of individuals who die due to potholes or bad roads, and Rs 50,000 to Rs 2.5 lakh to those who sustain injuries.
A division bench comprising Justices Revati Mohite-Dere and Sandesh Patil underscored that citizens are entitled to pothole-free and well-maintained roads, and any failure in this regard constitutes a violation of the right to life under Article 21 of the Constitution.
The bench took serious note of recurring pothole-related deaths in Mumbai, Thane, and Bhiwandi, observing that these tragedies are often followed by a “blame game” among various civic authorities. “Despite several directions from this court and assurances by the State, nothing tangible appears to have been done. Deaths and serious injuries due to potholes and open manholes have become a regular feature during monsoons,” the judges remarked.
The court emphasized the urgent need for accountability, stating,
“Unless civic authorities are made accountable, this tragic scenario will continue to repeat itself every year. Accountability must be fixed not only on the contractors but also on the civic authorities themselves.”
The judges added that compensation must be awarded to victims and their families to serve as a “wake-up call” for concerned agencies. Most victims, they observed, are two-wheeler riders from middle and low-income groups often the sole breadwinners of their families. “Refusing compensation in such cases would amount to rendering mere lip service to citizens’ fundamental right to safe roads,” the bench stated.
The court stressed that providing safe and well-maintained roads is not merely the responsibility but the constitutional and legal duty of civic authorities. “There can be no justification for bad and unsafe roads,” the bench said, adding that Mumbai the financial capital of India and home to one of Asia’s richest municipal bodies, the BMC deserves roads that match its economic stature.
The judges further noted that poor road conditions not only endanger lives but also harm the city’s economy. “It is the responsibility of civic authorities and State agencies to provide proper civic amenities, including safe roads, to the taxpaying public,” they said.
Reiterating the fundamental right to live with dignity under Article 21, the court observed that good and safe roads are an essential element of a dignified life. “Failure to ensure proper roads throughout the year constitutes a clear infringement of citizens’ fundamental rights and exposes the authorities to legal consequences,” the order read.
The bench also reaffirmed that the right to have roads in reasonable condition is part of the fundamental right to life. It elaborated that the purpose of roads and footpaths is to ensure safe passage for citizens. Any obstruction or condition preventing their beneficial use violates this right.
“The fundamental right to have streets in reasonable condition naturally encompasses the right to have them free of any obstruction or hazard that prevents safe use,” the judges said.
