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Synopsis

The Bombay High Court on Wednesday raised concerns about there being no uniform and single authority for administering and maintaining the roads in the city of Mumbai.

"Ultimately no one is being punished. What we propose is that on the next date grab important documents so that we need not go through the entire document. Suggest some measures that could be ordered by the court. One concern is that there is no uniform authority. They should come up with some authority. In case of overlapping jurisdiction ultimately...," the court said. 

The division bench of the high court comprising Chief Justice Devendra Upadhyaya and Justice Arif Doctor was hearing a contempt petition filed by Ruju Thakker who alleged that the state government was in violation of a court order passed during the Public Interest Litigation of 2018 wherein the government was directed to fill the potholes in the city. 

During the earlier hearing, the high court had pulled up the State Government for not conducting an independent inquiry into the death of motorcyclists who allegedly died due to a pothole in Thane.

The bench had remarked on the manner in which the inquiry was conducted by the Collector.

"What kind of inquiry is this? Should I read it before you? Did you do any inquiry? Commissioner of Thane says an accident took place between a truck and a bike which comes under such and such jurisdiction. You are concerned about the jurisdiction of the police? Except for mentioning what was reported to him by the municipal commissioner and police what has he done?" the bench said.

However, the bench had granted time to the government to file a better affidavit. 

Following the high court's order the collector formed a committee of Additional Collector of Thane, Deputy Commisioner of Traffic Police Thane, Regional Transport Department, Deputy Commissioner of Thane Municipal Corporation, Sub Divisional Officer, and Executive Engineer PWD department. 

The collector in its affidavit concluded that the accident of the motorcyclists did not take place due to the potholes on the road. 

"There could be several factors leading to the said accident as discussed herein above however considering the position of the Motorcycle and the trailer on the road, at the accident site, an inference can be clearly drawn that the accident is not due to potholes or stones on the road, but it may be attributed towards rash and negligent driving by Trailer driver and/or bike rider," the affidavit states.

The high court will now take up the contempt petition for hearing on December 18. 

Case title: Ruju Thakker vs State of Maharashtra