Bombay High Court revives PIL on potholes but declines contempt action against BMC

The Bombay High Court on Tuesday revived a public interest litigation (PIL) petition regarding pothole maintenance in the Mumbai Metropolitan Region.

Nevertheless, it opted not to initiate contempt of court proceedings against the Brihanmumbai Municipal Corporation (BMC) and other civic bodies in the area for failing to comply with its 2018 directives.

In a ruling delivered by Chief Justice DK Upadhyay and Justice Amit Borkar, the court stated,

“The respondents have established that they have made a bona fide effort to comply with the directions. Therefore, respondents cannot be held liable for contempt of directions contained in the order dated 24 February 2018 and 12 April 2018.”

Despite declining to hold the civic bodies in contempt, the Court emphasised the importance of public welfare by reviving the original PIL.

The Court also directed civil bodies to implement immediate corrective measures and submit a detailed compliance affidavit within eight weeks.

The Court had previously indicated its intention to dispose of the long-standing petition due to challenges posed by numerous intervenors during hearings and had emphasized that it cannot keep passing interim directions in a contempt plea.

The 2013 suo moto PIL was initiated in response to concerns over the poor condition of roads and footpaths, prompting the court to issue directives to various authorities for their maintenance.

A contempt petition was later filed in 2019 by advocate Ruju Thakkar who alleged non-compliance with the court's orders. 

The Court will now hear the main PIL on December 3, 2024.