Ordering a compensation of Rs6 lakh to be paid in every case where a person has died due to potholes or open manholes, the Bombay High Court (HC) says there can be 'no justification for bad roads' in Mumbai, India’s financial capital. The HC held that civic bodies and the state government are not only obligated, but duty-bound to provide safe and motorable roads to citizens.
In a strong-worded order, the division bench of justice Revati Mohite Dere and justice Sandesh D Patil says, “Compensation may be disbursed by a committee from the fines or amounts recovered from the contractors. In the absence of such funds, the concerned municipal corporation, municipal council, or district collector (in areas outside municipal limits), public works department (PWD), Bombay Port Trust (BPT), Mumbai Metropolitan Region Development Authority (MMRDA), Maharashtra State Road Development Corporation (MSRDC) or National Highway Authority of India (NHAI), shall bear the liability. The amount so paid shall thereafter be recovered, upon inquiry, from the officers, engineers, or contractors found responsible for deficiency in maintenance of roads.”
Coming down heavily on the BrihanMumbai Municipal Corporation (BMC), PWD and MSRDC for years of inaction, the bench held them responsible for deaths and injuries caused by dangerous road conditions.
While hearing a clutch of petitions, including a decade-old suo motu public interest litigation (PIL) on potholes, the HC states that civic apathy in maintaining roads has cost countless lives and made it clear that accountability must be fixed on responsible officials.
“Deaths and accidents due to potholes, open manholes and bad roads are a regular occurrence,” the bench said, observing that such tragedies are preventable and directly linked to negligence by municipal and state authorities. “Accountability needs to be fixed on the persons concerned,” the judges declared, warning that failure to act will invite consequences.
The order—part of the ongoing proceedings in PIL No71 of 2013—forms the latest chapter in a long-running legal battle over Maharashtra’s deteriorating road infrastructure. The Court’s 77-page judgement, reserved on 19th September and pronounced on 13 October 2025, recounts repeated non-compliance by civic agencies, despite dozens of directives since 2015.
“The right to have properly maintained streets is a fundamental right of citizens,” justice Dere wrote, adding that continued neglect cannot be excused by bureaucratic delays or seasonal excuses. The Court also reminded the government that Mumbai’s global reputation demands better infrastructure standards.
During
an earlier hearing on 15 September 2025, the bench bluntly asked state representatives, “How much compensation will you pay for the deaths and injuries due to your negligence? Why should people suffer without any fault of their own?” It then directed the Maharashtra government to compile data from all police stations on pothole-related deaths and injuries, along with ambulance dispatch records for such accident sites.
The Court further ordered that assistant commissioners of municipal corporations and a senior MSRDC officer must remain present at the next hearing, scheduled for 21 November 2025, when the question of broader compensation and accountability will be revisited.
“Beyond fatalities, numerous people suffer grievous injuries, losing livelihoods and bearing heavy medical costs,” advocate Mistry argued, calling for a system where the state, not citizens, bears treatment expenses arising from public infrastructure failure.
Advocate Ruju Thakker, who has long appeared in the matter, cited five recent deaths in just two months due to potholes—three in Bhiwandi, one in Kalyan and one in Powai—to illustrate the scale of the crisis. She criticised the BMC’s claim that potholes were repaired promptly after complaints as 'a mere eyewash,' pointing out that the civic body missed its 30 April 2025 deadline to concretise all city roads.
Reviewing photographs of broken streets, the Court remarked: “These are not potholes, these are craters. Sorry, but unless you have put a blindfold on your eyes, how can anyone say the corporation is doing its work?”
According to BMC data, between 4 June and 13 September 2025, over 14,000 potholes were reported in Mumbai, though the corporation disputed nearly 4,000 of these complaints as 'unrelated'. As of early October, 361 potholes remain unfilled.
The PIL originated from a 2013 letter by justice Gautam S Patel to the then chief justice, highlighting the worsening state of Mumbai’s roads. The High Court subsequently issued a series of orders requiring municipal bodies to develop scientific maintenance systems, create public complaint portals and enforce accountability for contractors.
Despite these efforts, justice Dere noted in the latest judgment that 'the matter requires cognizance to be taken each year during the monsoon' because of 'the deplorable condition of the roads' and the recurrence of fatal accidents.
The Court also referred to earlier directives mandating that civic authorities maintain pothole-free roads as a year-round obligation, not just a seasonal responsibility.
In strong language, the bench cautioned that continued disregard for judicial directions could attract personal liability, disciplinary action, or even contempt proceedings against negligent officers. “Somebody in the family dies, then the livelihood of the entire family is affected. The breadwinner has died due to negligence,” the judges say. “Be well-prepared, be ready to pay compensation.”
What the Order Means
In effect, the Bombay High Court has established a stringent accountability framework for road deaths and injuries resulting from potholes or open manholes across Maharashtra.
Under the new directives, compensation to victims or their families must be paid upfront—within six to eight weeks of filing a claim—by the concerned municipal corporation, council, or authority. If the payment is delayed, the Court has made it clear that top officials, including the municipal commissioner, chief officer, district collector, or principal secretary, will be personally liable and the compensation will attract 9% annual interest until settlement.
To ensure transparency, a special committee will be constituted to identify victims and supervise both the disbursal of compensation and the recovery of costs from those responsible for road neglect. The Court has mandated that the amount paid in compensation must later be recovered from guilty officers, engineers, or contractors found responsible for substandard work or negligence, after due inquiry.
The order further requires that all potholes reported to authorities must be repaired within 48 hours. Any failure to do so will be treated as gross negligence, attracting departmental action against the officers and contractors concerned.
In addition to recovering compensation, the Court directed that strict disciplinary and penal measures—including blacklisting of contractors, financial penalties and initiation of criminal or departmental proceedings—must be taken against those found guilty of defective or substandard work.
In summary, the Court has shifted the financial and moral burden of Maharashtra’s pothole deaths directly onto those responsible for maintaining the state’s roads—marking a decisive step from judicial admonition to personal accountability and enforceable liability.
