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Synopsis

The Bombay High Court questioned on Tuesday whether the roads in Mumbai would be shut down because the Brihanmumbai Municipal Corporation (BMC) was busy with election poll duties and the Maratha reservation survey.

A division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Arif Doctor, remarked after the corporation failed to file its affidavit in a petition concerning potholes in the city of Mumbai.

“So the roads will be shut down in Mumbai? What kind of excuses are you giving? Some of your class C staff are being sent for survey and election duties and therefore BMC cannot function and not file an affidavit? What is happening?” the bench questioned.

The remarks were made in a contempt petition filed by Ruju Thakker against the corporation for not implementing the high court order of 2018, which directed the corporation to fill the potholes in the city.

During the last hearing in December, the high court had directed the corporation to file an affidavit in response to the contempt petition filed by Thakker.

The counsel representing the corporation sought time from the high court, citing that civic officers were occupied with election poll duties and a door-to-door survey of the Maratha reservation.

Thakker today pointed to a newspaper report that stated the corporation had only completed 5% of the concretization of the road.

In response, the division bench questioned the corporation on how it planned to complete 95% of the work by May and before the onset of the monsoon.

“How are you going to complete 95 % by May and monsoon starts thereafter and when will you do then? The same story continues every year. Clarify that howsoever information given in the news report be incorrect,” the bench said.

The division bench then directed the corporation to file an affidavit by February 15 and provide specific details regarding the concretization work being undertaken by the corporation.

Case title: Ruju Thakker vs State of Maharashtra