Bombay High Court Orders Compensation For Pothole Deaths, Holds Officers Liable

Calling it “a classic case of recurring civic apathy,” the Bombay High Court has ordered monetary compensation for victims of pothole-related deaths and injuries, holding civic and state authorities directly responsible for crumbling roads in Mumbai. The court warned that erring officers and contractors would henceforth face personal liability for negligence.

Judges Criticize Longstanding Inaction

A bench of Justices Revati Mohite-Dere and Sandesh Patil said it was “deeply disturbing” that despite numerous orders since 2015, the same issues surface every monsoon. “The condition of the roads continues to deteriorate every monsoon, and, at places, after the very first shower,” the judges remarked, adding that civic assurances had failed to translate into meaningful action.

Origins of the PIL

The proceedings stem from a suo motu PIL registered in 2013, based on a letter by retired Justice Gautam Patel to the Chief Justice, drawing attention to the “pathetic state of Mumbai’s roads” and the deaths and injuries caused by potholes.

Road Safety as a Fundamental Right

Emphasising that good roads are integral to the right to life under Article 21, the bench said: “Every person is entitled to live with dignity. Good and safe roads are an essential component of such a meaningful life.”

Compensation Guidelines

Families of persons who die in pothole-related incidents will receive Rs6 lakh, while injured persons will get between Rs50,000 and Rs2.5 lakh, depending on the severity of injuries. The compensation will be paid by the concerned authority whether MCGM, MMRDA, MSRDC, MHADA, BPT, NHAI, or PWD and later recovered from erring officers, engineers, or contractors.

District-Level Committees

The court ordered the creation of district-level committees to identify victims, process claims, and ensure timely disbursal. The committees may act suo motu, on complaints from victims or families, or even on the basis of media reports. Compensation must be released within six to eight weeks of a claim, failing which senior officers including municipal commissioners and district collectors will be held personally liable and the amount will carry 9% annual interest until payment.

Strict Repair Timelines and Penal Measures
All potholes must be repaired within 48 hours of receiving a complaint, failing which departmental action will be initiated against responsible officers and contractors. Strict penal measures, including blacklisting and prosecution, will apply to those found guilty of substandard or defective work.

Quality of New Roads Under Scrutiny

The court pointed to the contrast between old roads that have lasted decades and newly built ones that crumble within days, noting this “clearly indicates poor quality of materials and workmanship.” Authorities were told to ensure that new roads remain durable for at least five to ten years.

Next Hearing

The judges directed the State to publicize these directions so that affected citizens can approach the committees for relief. The matter will next be heard on November 21, 2025, when all respondent authorities must submit compliance reports detailing the number of complaints received, compensation disbursed, and action taken against erring contractors and officials.