The Bombay High Court has strongly reprimanded civic authorities and the state government for the poor condition of Mumbai’s roads, saying there can be “no justification whatsoever for bad and unsafe roads” in India’s financial capital. The court also ordered compensation of ₹6 lakh to be paid in cases of deaths caused by potholes or open manholes, and directed civic bodies to fix accountability on contractors and officials responsible for the lapses.
A division bench of Justice Revati Mohite Dere and Justice Sandesh Patil, hearing a batch of petitions on road safety, observed that accidents and deaths due to potholes and open manholes have become a “regular occurrence”, particularly during the monsoon, and that this persistent negligence amounts to a violation of fundamental rights under Article 21 of the Constitution.
The bench directed that in cases of death due to potholes or open manholes, a compensation of ₹6 lakh must be paid to the victim’s family. In cases of injury, compensation ranging from ₹50,000 to ₹2,50,000 shall be paid depending on the nature and gravity of the injury.
The amount will be determined by a committee comprising the civic body chief and the district legal services authority secretary.
The court stressed that civic authorities and state agencies have a constitutional and legal obligation to ensure the safety, welfare and convenience of citizens, which includes providing proper means of transport.
“There can be no justification whatsoever for bad and unsafe roads. Mumbai, being the financial capital of the country, contributes greatly to the revenue of the Centre, the state, and the civic body,” the bench said.
Referring to Article 21, the court underscored that the right to life includes the right to live with dignity, and good and safe roads are an essential component of such a meaningful life.
“Thus, the right to have roads in a reasonable condition is a part of fundamental right guaranteed under Article 21 of the Constitution,” the court added.
The bench observed that despite crores of rupees collected through tolls and other revenues, Mumbai’s roads remain in deplorable condition, exposing gross civic apathy.
“It is high time that compensation be awarded to victims or their families who have suffered deaths or injuries on account of potholes. Only then will it serve as a wake-up call for the agencies concerned,” the court said.
The judges noted that authorities have failed to act with seriousness, despite repeated court orders since 2015.
“The very same issues concerning potholes, open manholes, resultant deaths and injuries, continue every year… Unless civic authorities are made accountable, this tragic scenario will continue to repeat itself every year,” the court remarked.
The bench directed that strict disciplinary and penal action must be taken against contractors and officers responsible for defective or substandard road work. It made it clear that accountability must be fixed not just on contractors, but also on civic officials themselves, and that personal monetary liability should be imposed to make them understand the gravity of the issue.
“Unless those responsible for pothole-related deaths and injuries are made personally accountable, and compelled to bear monetary liability from their own pockets, they will not understand the gravity of the issue,” the court warned.
The High Court noted that civic authorities had repeatedly given assurances to create effective mechanisms, but reality showed that road conditions “continue to deteriorate every monsoon, and, at places, after the very first shower.”
The petitions before the court had highlighted the rising number of deaths and accidents due to potholes and open manholes across Maharashtra, prompting the bench to step in with a systemic compensation and accountability framework.
