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

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.

Bench Expresses Concern Over Road 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.

‘Crater Roads After One Rainfall’

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.

Deaths Reported Due to Potholes

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.

‘Families Lose Breadwinners’

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.

Lack of Public Liability Insurance in India

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.

HC Demands Reports from BMC and MSRDC

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.

Compensation Issue to Be Considered

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

Corporations Must Bear Medical Costs

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.”

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Background of PIL on Potholes

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.

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