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The high court was hearing a contempt petition filed by Ruju Thakker who claimed that the Municipal Corporation was in contempt of the high court judgement passed in 2013 in a Public Interest Litigation
A division bench of the Bombay High Court comprising Chief Justice Devendra K Upadhyaya and Justice Arif Doctor on Wednesday formed a commission of 2 lawyers to inquire into the death of a 32-year-old biker who allegedly died while dodging a pothole in Kalyan.
"We, thus, appoint a Commission comprising of (i) Ms. Mansi Naik and (ii) Ms. Rashmi More, practicing lawyers of this Court, to execute Court Commission and ascertain as to whether the accident in which the motorcyclist died had occurred while he was trying to dodge the pothole on the road.," the high court said.
The high court was hearing a contempt petition filed by Ruju Thakker who claimed that the Municipal Corporation was in contempt of the high court judgement passed in 2013 in a Public Interest Litigation.
The high court established the commission following the counsel's assertion, representing the Kalyan Dombivali Municipal Corporation, that the biker's death was attributed to factors other than potholes.
Ruju Thakker, appearing as the petitioner in person, presented the court with newspaper reports highlighting potholes on roads under the jurisdiction of different municipal corporations. In response, the high court remarked,
"There is a clear contempt. Does it happen every monsoon? These directions are not by the court, these are duties cast by the legislation. It is 5 years now, and you have not been able to remove potholes. 5 years is not enough to put out potholes. A survey takes 15 days. Unless officers are made personally liable...," the court said.
The high court then summoned the 6 municipal commissioners that included:
1. Municipal Corporation of Greater Mumbai.
2. Navi Mumbai Municipal Corporation.
3. Kalyan Dombivali Municipal Corporation.
4. Vasai Virar Municipal Corporation.
5. Mira Bhayander Municipal Corporation.
6. Thane Municipal Corporation.
The high court also summoned the Commissioner, of Mumbai Metropolitan Regional Development Authority to the court at 11:30 in the morning on Friday.
Case title: Ruju R Thakker vs State of Maharashtra & Ors.
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