HIGH COURT ON ITS OWN MOTION, HIGH COURT OF JUDICATURE AT BOMBAY Vs. THE STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) Overview And Background This suo motu public interest litigation (PIL) concerns poor condition of roads in the areas falling within the jurisdiction of the Municipal Corporations and Municipal Councils in the State. This petition takes a note of hardships and inconvenience caused to the citizens due to poor state of roads in the State and in particular, in the municipal areas. The reasons for poor condition of roads can be several such as poor or bad quality of workmanship, improper technology used in construction of roads and/or in repairs of roads, poor maintenance of roads, heavy rainfall, failure to provide proper storm water disposal system, increase in traffic intensity for which the roads are not designed, etc.

(2.) A letter was addressed by one of the Hon'ble sitting Judges of this Court (G.S.Patel, J.) on 24th July 2013 to the Hon'ble the Chief Justice. The letter refers to the law laid down in PIL No.259/2005. The letter refers to the news items appearing in various newspapers regarding large number of potholes on the roads, traffic accidents and large number of casualties suffered by riders of two wheelers. Cognizance of the said letter addressed to the Hon'ble the Chief Justice was taken by the First Court by an order dated 29th July 2013 by which this Court initiated a suo motu PIL by issuing notices to various parties. Thereafter, orders were passed from time to time dealing with various issues including the order dated 20th May 2015 which laid down a law on the subject and issued several interim directions. We propose to advert to these orders in the subsequent part of this Judgment. Provisions Of Municipal Acts Regarding Public Streets And Mandatory Duties

(3.) At the outset, it is necessary to note the legal provisions as regards the obligation of the Municipal Authorities and the State as well as other statutory corporations and statutory entities when it comes to construction, improvement and maintenance of roads. In that context, we are referring to the provisions of the municipal laws prevailing in the State. The Mumbai Municipal Corporation Act, 1888