Bombay High Court: Civic Bodies Must Compensate Citizens for Pothole-Related Losses

Court’s Strong Observations

The Bombay High Court has held that municipal corporations across Maharashtra must be held liable for loss of life, injuries, and damages caused to citizens due to potholes. The court emphasized that it was unacceptable for citizens to suffer without any fault of their own because of the negligence of civic authorities.

A division bench of Justice Revati Mohite-Dere and Justice Sandesh Patil made these remarks on Friday while hearing a suo moto public interest litigation (PIL) initiated after reports of multiple pothole-related fatalities.

Data Collection on Pothole Deaths Ordered

The High Court directed all municipal corporations to collect and submit data on pothole-related deaths and injuries within their jurisdictions. It also asked the Maharashtra State Road Development Corporation (MSRDC) to provide details of accidents on roads and flyovers maintained by them.

The court observed:

“Municipal corporations must be made liable for this. They must pay for the loss caused to the citizens.”

The judges also ordered the police to check their records for accidents linked to potholes and provide this data by September 18, 2025. Ambulance services were also asked to share relevant information from distress calls.

Suo Moto PIL: Trigger for Action

The PIL was initiated after at least five deaths in the past two months within the limits of the Brihanmumbai Municipal Corporation (BMC) were linked to pothole accidents.

Advocate Ruju Thakker, who filed a contempt petition in the suo moto proceedings, highlighted that several fatalities had occurred not just in Mumbai but also in Thane and Bhiwandi-Nizampur Municipal Corporation limits.

Amicus curiae Jamshed Mistry further submitted that beyond reported deaths, a large number of serious injuries caused by potholes have gone unreported, necessitating comprehensive data collection.

Court’s Concern Over Unreported Incidents

The judges noted that while many deaths are reported in newspapers, numerous accidents remain unrecorded. Citing a recent example, the bench pointed out an incident where a container truck overturned due to potholes in Mira Bhayander Municipal Corporation limits. Although there were no casualties, the court observed that the accident caused significant financial loss, highlighting that even such non-fatal incidents impact livelihoods.

Accountability of Civic Bodies

The High Court questioned the apathy of municipal corporations and stressed the urgent need for accountability. It stated that medical expenses of injured victims and losses suffered by families must be compensated by civic bodies responsible for road maintenance.

The court’s directive aims to ensure that systematic negligence by authorities does not go unpunished and that citizens’ rights to safety and dignity are upheld.

Next Steps

  • Municipal corporations, MSRDC, and police authorities have been directed to file affidavits disclosing pothole-related deaths and injuries by September 18, 2025.

  • The High Court will continue to monitor compliance and assess accountability of civic bodies.

  • The ruling could pave the way for mandatory compensation frameworks for victims of civic negligence in Maharashtra.

Conclusion

The Bombay High Court’s intervention underscores a critical message: citizens should not pay with their lives for poor infrastructure. By holding civic bodies accountable, the court seeks to instill greater responsibility in municipal governance and ensure that urban safety standards are no longer compromised.


Location: Pune, Maharashtra, India

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