A bench of Justices Abhay Oka and C V Bhadang directed the civic administrations in Mumbai, Thane and three other municipalities in Thane district, as well as the Mumbai Metropolitan Region Development Authority (MMRDA), Maharashtra State Road Development Corporation (MSRDC) and Mumbai Port Trust (MbPT) to maintain all roads under their control and keep them pothole-free.
"It is high time that all concerned clearly understand that a right to have properly maintained roads is a part of the fundamental right guaranteed by Article 21 of the Constitution of India and in the event any loss is caused due to its violation, the citizens have a right to seek compensation,'' said the bench, while noting that neither did BMC nor other agencies "attempt to suggest that road conditions are good".
"It is the mandatory duty of the municipal corporations to maintain and improve the public streets and remove obstructions upon such public streets, including footpaths... and keep them properly levelled, free of potholes and properly surfaced,'' the HC said. The HC called for compliance with regard to a set of directions by July 6. The agencies which will have to report back include the BMC, MbPT, the MSRDC and MMRDA.
The HC said bad roads not only caused jams and inconvenience but also loss of human lives and errant officials would be liable to disciplinary action. The court will next hear the petition on July 10, said advocate Advaith Sethna, who appeared for the Centre.
The bench pronounced its order in a suo motu PIL taken up by the HC in 2013 after Justice Gautam Patel wrote to Chief Justice Mohit Shah to highlight the plight of motorists and pedestrians in Mumbai given the "pathetic'' condition of its potholed roads.
The HC laid down a detailed mechanism outlining legal obligations of all the authorities. On the duty to maintain smooth roads, the HC directed that "it is the mandatory duty of municipal corporations and other authorities like MMRDA and MbPT to construct, maintain and improve public streets.''
As held earlier by a two-judge bench in 2006, the HC said, citizens' right to pothole-free roads is a fundamental right under right to life which creates corresponding obligation in all the authorities which are "state" under the Constitution. "A citizen can demand compensation apart from seeking the enforcement of the right, if there is any infringement of such a fundamental right," the HC ordered.
Citizens have a right to complain about poor roads, especially potholes on the roads, said the HC. "There has to be a dedicated website to receive and track complaints and their effective redressal,'' said the HC. "The third aspect is of the use of proper technology for the construction of the roads, for maintenance and for filling the potholes,'' said the judges.
"The legal obligation of MSRDC is to maintain the roads and bridges in proper condition and to repair the same effectively. It is its obligation to address the grievances of the citizens and to ensure the same are redressed if not within 15 days, but at least within a reasonable time,'' ordered the HC.
Different portions of the three Express Highways are maintained by different agencies. "Stretches of roads which are not required to be maintained by MbPT, MSRDC, public works department of the state government and MMRDA are required to be maintained by the Brihanmumbai Municipal Corporation,'' the HC ordered.
The HC directed that the BMC and all other authorities must construct roads and fill potholes "scientifically" and while permitting digging of any road, the agency's name and duration must be prominently displayed at the site. All municipal corporations as well as the MMRDA, MSRDC and MbPT shall provide a mechanism for citizens to complain about poor road conditions through mails and photos at designated centres, toll free numbers, dedicated websites and SMS services through the year, it said.
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