The bench of two judges of the Bombay High Court on Friday charged the Maharashtra government with poor road conditions in the state while hearing a contempt petition seeking action against the civil government. the. This action is attributed to failure to comply with 2018 orders from Bombay HC which ordered potholes to be repaired along all major roads in Mumbai and surrounding areas.
According to his observations, Chief Justice DK Upadhyaya said: “It is not natural for a pedestrian or a cyclist to fall into a ditch. It is a man-made cause. It is not only according to the constitution but also according to all the statutes of the government. All of this is not an exercise for the court to do. Why should we do all this? It is your job."
A bench of Chief Justice DK Upadhyaya and Justice Arif Doctor is not happy with the Maharashtra government for not taking any action on the Bombay High Court's proposal by 2022 to cede all roads under the authority of Brihanmumbai City Corporation (BMC) for maintenance and repair work.
In his submission, lead lawyer PP Kakde, representing the Maharashtra government, said he would need time to issue guidance on the matter, but a decision was still pending. Hearing Kakde's argument, the bench of two judges of the Bombay High Court commented: “It was a simple executive decision. Why does it take so long? The threat continues even today. The problem continues."
The bench's comments follow a petition filed by attorney Ruju Thakker seeking action in contempt of civil authorities for failing to implement a 2018 ordinance requiring pothole repairs along all routes and roads in Mumbai and surrounding areas.
During the hearing, Commissioners of BMC, Thane Municipal Corporation, Kalyan Dombivli Municipal Corporation, Navi Mumbai Municipal Corporation, Vasai Virar Municipal Corporation, and Mira Bhayander Municipal Corporation were present in court on Friday, following instructions from Bombay HC granted passed on Wednesday.
During the hearing, Mumbai's civil service, BMC, argued in court that the 2050 km of roads under its jurisdiction were in good condition and that the existing potholes and exposed manholes were the result of negligence. of other civil authorities having jurisdiction over 175 km in Mumbai.
The BMC also pointed out that incessant torrential rains in Mumbai also worsened the condition of footpaths and roads. He also shares stats and presentations to back up his claim. However, disapproving of BMC's statistics, Chief Justice DK Upadhyaya noted: "I am a statistics student. On the very first day, my teacher told the students that there are three types of lies. It's lies, damn lies, and statistics." lie."
During the hearing, the two-judge bench also asked all companies to submit affidavits to the court providing complete and detailed information on the steps taken to ensure pothole-free roads. in Mumbai.
The bench also ordered 24 BMC officers on duty to conduct a detailed inspection of the scene in Mumbai and submit a report within three weeks. The examination will be witnessed by a number of senior lawyers, who will eventually file a report with the Bombay High Court. Concluding Friday's hearing, the bench adjourned the case to September 29 for the next hearing.
