The Bombay Excessive Courtroom on Tuesday disposed of the contempt petition filed by a lawyer alleging non-compliance with the 2018 orders of HC by civic authorities to restore potholes alongside all arterial roads within the Mumbai Metropolitan Area (MMR).
A division of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar handed a judgement in a contempt petition by lawyer Ruju Thakker and located that authorities had made efforts for compliance with the 2018 instructions, and due to this fact, weren’t in contempt of the stated orders.
Nonetheless, contemplating the “public welfare and significance”, the courtroom revived the suo motu Public Curiosity Litigation (PIL) during which the courtroom handed instructions in 2018 and sought detailed replies from the civic authorities. The courtroom stated it was troublesome for it to maintain issuing instructions within the contempt plea, therefore it was reviving the PIL.
“This courtroom is of the thought-about opinion that respondents have made bonafide efforts for compliance with instructions, due to this fact, they can’t be held to have dedicated contempt of orders dated February 24 and April 12, 2018. Nonetheless, bearing in mind the general public welfare and public significance of instructions, within the gentle of the popularity of basic rights below Article 21, the PIL stands revived. Respondents are directed to take rapid corrective motion and guarantee full compliance with the instructions of this courtroom of 2018,” the bench held.
“The respondents shall submit an in depth compliance report by means of the affidavit in reply inside eight weeks from right this moment, failing which different coercive steps shall be taken in opposition to them. Checklist PIL on December 3, 2024. Contempt petition stands disposed of,” the bench added.
The Bombay Excessive Courtroom will hear the PIL on December 3.
In February and April 2018, a division bench led by Justice Abhay S Oka (now a Supreme Courtroom decide) handed orders on suo motu PIL, directing the repairing of potholes alongside all arterial roads within the metropolis and devising a uniform mechanism to redress residents’ grievances associated to dangerous roads and potholes.
Throughout earlier hearings this yr, the Bombay Excessive Courtroom raised considerations over the sluggish progress made within the work associated to concretising all roads falling inside the limits of the Brihanmumbai Municipal Company (BMC) and burdened the necessity for a ‘unified physique’ to keep up roads in Mumbai.
Final yr, the courtroom summoned commissioners of six municipal firms in MMR, together with these of Mumbai, Thane, and Navi Mumbai, to clarify why contempt shouldn’t be issued in opposition to them for disobedience and non-compliance with orders about potholes, uncovered manholes and poor situation of roads.
Thereafter, whereas stating that the reason for deaths of pedestrians or cyclists falling in manholes or potholes is “man-made” and never a pure trigger, the excessive courtroom directed a right away inspection by means of a spot survey by BMC officers accompanied by advocate-commissioners throughout 24 wards to examine whether or not manholes throughout the town are lined and submit a report. The excessive courtroom additionally directed BMC and the Mumbai Police to take deterrent measures in opposition to the theft of manhole covers and directed the set up of protecting grills on all manholes.
On September 30, 2022, BMC assured the bench led by then Chief Justice Dipankar Datta (now an SC decide) that it’ll take at the very least two-and-a-half to 3 years to concretise greater than 2,000 km of lanes, bylanes and roads within the metropolis. Later, the excessive courtroom pulled up the state authorities for ‘slackness’ in complying with its assurance and the associated order.
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