The Nagpur bench of the Bombay High Court has directed the traffic police to provide information on deaths and injuries resulting from potholes and the frequent digging up of roads in the city.
While hearing a criminal suo motu public interest litigation, a division bench comprising Justice Nitin Sambre and Justice Abhay Mantri directed the traffic department to submit the information on August 5. Notices were issued to all concerned agencies involved in developmental works for which roads are dug up including the chief engineer of the public works department, the chairman of Nagpur Improvement Trust (NIT), the managing director of MahaMetro, the chief engineer of MSEDCL, and the chief engineer of NHAI.
It is worth noting that in 2020, the High Court, taking serious note of the accidental deaths caused by potholes in the city, directed the police to register offenses against NMC officials and the responsible contractors for failing to repair the potholes. Additionally, the court instructed the NMC to provide a social media platform and a WhatsApp number to allow citizens to file complaints about potholes.
The HC seeks data on deaths caused by potholed roads and directs the NMC to provide a social media platform and WhatsApp number to enable citizens to file complaints regarding potholes in the city.
Two years after passing these directions, the PIL was listed before the High Court for further directions. The amicus curiae, Adv Rahil Mirza, informed the court that despite its directives, the NMC had not repaired the potholes in the city. Various authorities continue to dig up roads without informing the citizens, and no prior notices are issued before the excavation. After the completion of laying water pipelines, cables, or other facilities, the roads are not properly repaired, leading to accidents in the city, the court was informed.
The High Court mentioned in the order: “We make it clear that there is a clear failure on the part of the authorities to repair roads in the city, resulting in loss of life. After permission of road-cutting permissions, there is no oversight by any authority to ensure the restoration of roads.”
The court noted that poor coordination is leaving roads damaged after digging for pipelines, electrical cables, and other needs. It was reported that although the NMC chief engineer issues permits for road cutting, the same roads are often dug up multiple times. The court has asked the NMC to provide records of these permits.
Expressing the frustration of ordinary road users, Justice Nitin Sambre mentioned that he had personally raised concerns with a PWD officer about roads being dug up but was unsure if the issue was addressed.
During the hearing, the High Court noted a significant lack of coordination between various authorities handling development works. The court suggested appointing a nodal officer to improve collaboration among development agencies. It also recommended that senior officials from NMC, NIT, NHAI, NMRDA, Maha Metro, and MSEDCL meet to create a consolidated plan for better coordination of development projects. This would help reduce the repeated digging of the same roads for different purposes in the city, the court stated.