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Synopsis

A division bench of the Bombay High Court, consisting of Chief Justice Upendra K Upadhyaya and Justice Arif Doctor, told the state government on Friday that it is not the court's duty to issue orders regarding potholes in the city; rather, it is the state's responsibility to address this issue.

"Everyday there is some incident. These are man-made. The cause of these deaths are not natural. It is man-made. You have to stop this. It is your responsibility. You have a constitutional obligation. It is not our duty to pass orders and do your job," the court said. 

The high court was hearing a contempt petition filed by one Ruju Thakker who alleged that the state government were in violation of a court order issued during the Public Interest Litigation of 2013.

Iqbal Chahal, the Municipal Commissioner of BMC, along with five other municipal commissioners, was summoned to address the court. Chahal informed the court that the deteriorating condition of the road was a result of the heavy rainfall Mumbai experienced over a span of five weeks. 

Despite Chahal's explanation, the court expressed its dissatisfaction, asserting that the presence of potholes in the city remained a factual concern.

"The situation remains the same. The quantum of work required to be done is much more. I have been a student of statistics and we were taught that there are three stages of lies - one is lying, the second is damn lying and the third is statistical lies," Chief Justice Devendra Upadhyaya said.

Subsequently, the bench directed its inquiry towards the State Government's counsel, PP Kakade, inquiring about any decisions made regarding the transfer of road management to the BMC. In response, Kakade expressed the need to seek instructions before providing a definitive answer. the court then said, 

"It was a simple executive decision. Why is it taking so long? Providing motorable safe road is as much your responsibility as it is of the corporations. What have you done? The menace continues even today. The problem continues," the bench said.

The bench was informed that protective grills had been placed over the manholes in the city. In light of this, the bench ordered a joint examination of the manholes and mandated the submission of the inspection report within a span of three weeks.

The bench will hear the plea now on September 29.

Case title: Ruju Thakker vs State of Maharashtra