The Bombay High Court issued a landmark order in its decade-long suo motu Public Interest Litigation addressing the recurring menace of pothole-related deaths and injuries across Maharashtra. The Division Bench of Justices Revati Mohite Dere and Sandesh D. Patil strongly reprimanded civic and state authorities for their continued neglect and non-compliance with earlier judicial directives, declaring that citizens’ right to safe and motorable roads forms an essential part of the fundamental right to life under Article 21 of the Constitution.
Taking note of repeated fatalities caused by poor road maintenance, especially during the monsoon, the Court directed all municipal corporations and public authorities in the State to ensure proper upkeep of roads, immediate scientific repair of potholes, and installation of protective measures such as grills and barricades to prevent accidents.
Importantly, the Bench introduced a structured compensation mechanism: in every case of a pothole-related death or serious injury, district-level committees headed by the respective District Legal Services Authorities (DLSAs) must conduct inquiries and determine compensation within six to eight weeks. Failure to disburse compensation on time will invite personal liability for the concerned officials, including 9% interest on delayed payments and the possibility of disciplinary action.
To ensure transparency and citizen participation, the Court further directed that every civic body must maintain grievance redressal platforms including dedicated toll-free helplines, websites, and WhatsApp numbers for reporting potholes and poor road conditions. These mechanisms are to be functional year-round, allowing the public to upload photos and track the progress of repairs online.
The order mandates strict compliance reporting by all municipal and state agencies, with details of complaints received, compensation disbursed, and action taken against erring officers or contractors.
The Bench has fixed November 21, 2025, as the deadline for submission of these reports, emphasizing that accountability and enforcement are non-negotiable.
Appearances:
Mr. Jamshed Mistry, Amicus Curiae a/w Ms. Ronita Bhattacharya Bector and Mr. Dipesh Siroya
Mr. Siddharth Ingle (through VC) a/w Mr. Rashid Khan for the Applicant/Intervenor in IAL/29119/2025
Ms. Ruju Thakker, the Petitioner in CPP/6/2019, appears in- person
Mr. O. A. Chandurkar, Addl. GP a/w Ms. R.A. Salunkhe, AGP and M.M. Pabale, AGP for the State Mr. Anil Y. Sakhare, Senior Advocate a/w Mr. Joel Carlos, Ms. K.H. Mastakar and Ms. Oorja Dhond, for the Respondent No. 2-MCGM
Mr. Mandar Limaye for the Respondent No.4-Thane Municipal Corporation
Mr. Prashant Chawan, Senior Advocate i/by Ms. Reshmarani Nathani for the Respondent No.13– MSRDC
Ms. Tanu N. Bhatia for the Bhiwandi Nizampur Corporation
Mr. Sarang S. Aradhye (through V.C.) for the Respondent-Panvel Municipal Corporation in IAL/29119/2025
Mr. A. S. Rao for the Kalyan Dombivli Mahanagar Palika Mr. Rohit Sakhadeo for Respondent No.20-NMC
Ms. Neeta Patil i/by Mr. S.R. Nagolkar for the Respondent No.289
Ms. Swati Sagvekar for Vasai Virar City Municipal Corporation
Mr. Aniruddha A. Garge for the Respondent No.5-Navi Mumbai Municipal Corporation
Mr. Ajai Fernandes a/w Ms. Anjali Kotecha i/by Motiwalla & Co. for the Respondent No.8-BPT
Mr. Sandeep Mahadik a/w Mr. Shishankar D. Patil for the Respondent Nos. 272 to 274
Ms. Aparna Devkar for the Respondent No.367
Ms. Aparna D. Vhatkar for the Respondent No.6– MMRDA
Mr. I.M. Khairdi for the Respondent No.25-Solapur Municipal Corporation
Mr. Ravindva S. Pachundkar for the Respondent Nos. 327, 332, 334, 335, 337, 338 in PIL No.71/2013 a/w CP/6/2019
Mr. Gaurav Ugale a/w Mr. Vaishnav Brahmankar and Mr. Swapnil Mhatre i/by Mr. Shriram Kulkarni for the Respondent Nos.54 to 59, 253, 357, 358
Mr. Shailesh Chavan i/b Mr. Milind Deshmukh, for the Respondent Nos. 241 and 351
Mr. Girish Nikam, Chief Engineer (Roads & Traffic), MCGM Officer is present in Court
Mr. Vikas Dhole, Dy. City Engineer and Mr. Sanjay Kadam, Ex. Engineer, are present in Court
Ms. Renuka Aundhekar, Legal Assistant from Thane Municipal Corporation is present in Court
Mr. Ramesh Khiste – Superintendent Engineer and Mr. Satishkumar Gavit, Executive Engineer for MSRDC, are present in Court
Mr. Jamil M. Patel, City Engineer with Anil P. from BNCMC, are present in Court
Mr. J.S. Kore, Executive Engineer, Kalyan Dombivli Mahnagar Palika is present in Court
Mr. Sanjay Dada Patil, Executive Engineer, Airoli on behalf of Navi Mumbai Municipal Corporation present in Court
Mr. Prakash J. Bhongare , SE MMRDA, Mr. Praful D. Jamadar, SE MMRDA, Mr. Jagdish Patil, EE MMRDA, N.M. Kambale, EE MMRDA, B.W. Biradar, EE, MMRDA, are present in Court
