The Bombay High Court on Tuesday said it will revive the Public Interest Litigation (PIL) on the issue of potholes in Mumbai and other districts of Maharashtra.
A bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar delivered the verdict on the contempt petition filed by Advocate Ruju Thakkar, complaining of non-compliance with the earlier order of the court directing the Brihanmumbai Municipal Corporation (BMC) and other authorities to maintain the road level.
While dismissing the contempt petition, the Court observed that, in view of wider public interest and fundamental rights in the case, it would revive the PIL.
“However, in view of public welfare and the importance of protecting fundamental rights under Article 21, the PIL is being revived,” Chief Justice Upadhyaya said.
Regarding the contempt petition, the bench said that the authorities have made sincere efforts to comply with the court’s orders. As a result, they could not be detained in defiance of court orders from February 24 and April 12, 2018.
In 2018, the Supreme Court ordered the authorities to fix potholes on Mumbai’s highways and set up a uniform system to address citizens’ complaints about bad roads and potholes. Responding to this, Advocate Thakkar said that the authorities have failed to comply with this order, as many roads are still in poor condition.
The court has now ordered all municipal bodies to take immediate corrective measures and fully comply with the 2018 order. The PIL is scheduled for its next hearing on December 3.
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