In a scathing indictment of Maharashtra’s civic and planning authorities, the Bombay High Court has directed that families of individuals who lost their lives in pothole-related accidents be compensated ₹6 lakh each within eight weeks. The landmark order also mandated that injured victims receive between ₹50,000 and ₹2.5 lakh, depending on the severity of their injuries, and that the compensation amounts be recovered from the officials or contractors directly responsible for the poor road conditions.

The division bench of Justices Revati Mohite Dere and Sandesh D Patil delivered the order while hearing a decade-old public interest litigation (PIL) concerning the dismal state of roads across the state. The PIL, initiated suo motu by the court in 2013, stemmed from a letter written by then Justice G.S. Patel highlighting the “pathetic condition” of Mumbai’s roads. Over ten years later, the High Court noted that despite repeated judicial interventions, the same issues have persisted, pointing to systemic apathy, corruption, and the absence of sustained compliance by public authorities.

Court’s tough stance on civic negligence

The bench observed that citizens’ lives continue to be endangered every monsoon as pothole-ridden roads cause accidents, injuries, and fatalities. “The right to properly maintained streets is a fundamental right of citizens,” the court said, asserting that the state’s failure to ensure safe roads amounted to a violation of the right to life under Article 21 of the Constitution.

The judges expressed dismay that despite crores of rupees being spent annually on road repairs, potholes reappear after just a few rains. This, they said, indicates either substandard construction materials, poor engineering supervision, or deliberate negligence by contractors and civic engineers. The court emphasized that accountability could not remain abstract or diffused among departments—it must be traced directly to the responsible individuals and firms.

Formation of multi-level monitoring committees

As a corrective step, the High Court directed the Maharashtra government to set up monitoring committees at three levels—city, regional, and state—to ensure consistent oversight of road construction, maintenance, and repair work. These committees will include senior officials from the municipal corporations, the Maharashtra State Road Development Corporation (MSRDC), the Mumbai Metropolitan Region Development Authority (MMRDA), the Maharashtra Housing and Area Development Authority (MHADA), and the Public Works Department (PWD).

Importantly, the panels are also to include representatives from IIT Bombay and the Central Road Research Institute (CRRI), to bring in scientific expertise and independent assessment of road quality. The committees have been tasked with conducting annual pre-monsoon inspections, ensuring that roads are repaired and resurfaced scientifically and within set timelines.

In addition, these committees must review the performance of both contractors and civic officials, recommend penalties or blacklisting for substandard work, and maintain transparency through regular reporting. The court said these steps are crucial to breaking the cycle of neglect that has plagued Maharashtra’s road infrastructure for years.

Strict accountability and recovery of damages

The High Court made it clear that civic bodies and planning authorities cannot merely pay compensation and move on. The compensation, it said, must be recovered from those responsible—the contractors who performed the work and the officials who certified it. The court stated that both must be held jointly and severally liable for substandard road quality that results in accidents or fatalities.

To prevent future lapses, the bench ordered that quality assurance audits be made mandatory before any final payment to contractors. These audits must be carried out by independent technical experts and documented transparently. The court also directed that details such as contractor names, work deadlines, and restoration timelines be prominently displayed at every roadwork site so that citizens can hold authorities accountable.

Further, the judges said that disciplinary action—including suspension or dismissal—could be taken against engineers or officials who fail to discharge their duties responsibly. Such measures, the court noted, are essential to deter negligence and foster accountability within civic administration.

Failure of grievance redressal mechanisms

The bench criticized the government for its failure to create an effective system for citizens to report potholes and track repairs. Referring to the Municipal Corporation of Greater Mumbai’s earlier initiatives—such as the “Voice of the Citizen” and “MCGM 24×7” mobile applications—the court observed that these systems were either dysfunctional or poorly maintained, rendering them symbolic.

Reviving its earlier directives, the High Court ordered the state government to operationalize a centralized single-window complaint mechanism across Maharashtra. This should include a toll-free helpline, a website, and a mobile application through which citizens can report potholes, upload photographs, and monitor progress. The system must ensure real-time tracking and accountability.

“The grievance redressal system cannot be symbolic,” the bench warned, adding that continued failure to operationalize a working system would invite contempt action against the concerned departments.

Systemic failures and recurring lapses

The PIL has exposed chronic administrative failures in Maharashtra’s approach to road management. Over the years, multiple agencies—municipal corporations, MSRDC, MMRDA, and PWD—have blamed one another for road damage and accidents. The High Court noted that overlapping jurisdictions and the absence of a unified monitoring structure have allowed officials and contractors to evade responsibility.

Moreover, the court said tenders are often repeatedly awarded to the same agencies despite their poor performance, with no effective mechanism to evaluate or penalize them. “Despite judicial interventions since 2015, the situation remains the same every monsoon,” the bench remarked, expressing frustration that court orders had not translated into lasting improvements.

A call for transparency and reform

In a broader reflection, the High Court said the recurring pothole crisis reflects not just administrative inefficiency but also a lack of political will and institutional accountability. It emphasized that infrastructure spending must be matched by measurable outcomes and independent audits.

“The expenditure of public money must correspond to public benefit,” the court said. It called for periodic reports from the government and civic bodies on the number of roads inspected, repaired, and audited each year.

Additionally, the court directed authorities to conduct public awareness campaigns about the grievance redressal systems once they are in place, so that citizens are empowered to participate in ensuring road safety.

Implications of the order

The High Court’s directive has far-reaching implications for urban governance across Maharashtra. It not only enforces financial accountability but also sets a precedent for linking administrative negligence to personal liability. By mandating compensation and recovery from erring officials and contractors, the court has reinforced the idea that bureaucratic complacency will no longer go unpunished.

The judgment also underscores the judiciary’s growing impatience with the state’s inability to provide basic civic infrastructure. Over the years, dozens of people have died in pothole-related accidents in Mumbai, Thane, Pune, and other cities. Families of victims have often faced long legal battles or bureaucratic indifference while seeking justice. The High Court’s latest intervention aims to change that by institutionalizing both compensation and oversight mechanisms.

While civic officials are yet to issue a detailed response, the order puts immense pressure on agencies such as the BMC, MSRDC, and PWD to not only pay compensation promptly but also overhaul their road management systems before the next monsoon.

The message from the court was unambiguous: citizens’ right to safe roads is non-negotiable, and administrative negligence that endangers lives will attract both financial and legal consequences.