The Bombay High Court on Tuesday revived a public interest litigation (PIL) regarding the maintenance of potholes in the Mumbai Metropolitan Region. However, the court chose not to initiate contempt proceedings against the Brihanmumbai Municipal Corporation (BMC) and other civic bodies for failing to follow its 2018 directives.
In the judgment delivered by Chief Justice DK Upadhyay and Justice Amit Borkar, the court stated, “The respondents have shown a bona fide effort to comply with the directions. Therefore, they cannot be held liable for contempt regarding the orders issued on February 24, 2018, and April 12, 2018.”
Despite declining to hold the civic bodies in contempt, the Court emphasized the importance of public welfare and decided to revive the original PIL. It also ordered the civic bodies to take immediate corrective measures and submit a detailed compliance affidavit within eight weeks.
The Court had previously considered dismissing the long-standing petition due to the complexity caused by multiple intervenors during the hearings, stating that it could not continue issuing interim orders in the contempt plea.
The PIL, initiated in 2013, was a suo moto response to concerns about the poor condition of roads and footpaths, which led to the court issuing maintenance directives to various authorities. A contempt petition was later filed in 2019 by advocate Ruju Thakkar, citing non-compliance with the court’s orders.
The court will next hear the main PIL on December 3, 2024.
