New Delhi: The Bombay High Court Monday made compensation for victims of pothole-related accidents mandatory, directing the amount be recovered personally from negligent civic officers, engineers, or contractors, in a landmark ruling aimed at addressing municipal apathy and negligence towards roads and other civic infrastructure.
“Unless those responsible for pothole-related deaths and injuries are made personally accountable and are compelled to bear monetary liability from their own pockets, they will not understand the gravity of the issue,” the Bombay High Court said.
The court declared that the failure to provide safe roads also amounts to a violation of citizens’ fundamental rights under Article 21 of the Constitution. Besides, it noted that potholes are a regular issue that commuters face on Mumbai roads every monsoon.
The 77-page court judgment, delivered nearly a month after being reserved by a division bench of Justices Revati Mohite Dere and Sandesh D. Patil, revives a Public Interest Litigation (PIL) originally filed in 2013. Despite years of court directives, the judges found “no seriousness” on the part of authorities, and they cited a continued pattern of hazardous roads and recurring fatalities, especially during the monsoon season.
This come months after the Kerala High Court’s warning to government agencies over unsafe road conditions. Criticising civic bodies for failing to maintain roads amid rising accidents involving heavy vehicles, the court stressed earlier in July this year that the right to travel safely is a fundamental right and ordered regular audits of roads, holding engineers and officers personally liable for negligence.
The hearings on the public interest litigation (PIL) began in 2013 when Justice G.S. Patel approached the Bombay High Court to highlight deteriorating conditions of the roads in Mumbai and the severe accidents that two-wheeler riders faced on such roads. The court had taken suo motu cognisance of the letter to begin the hearing.
Despite interim court orders in 2015 and 2016 to improve road conditions and to introduce a proper grievance redressal system, the civic bodies, according to the Bombay High Court, repeatedly failed to comply with the guidelines issued.
The court noted that toll-free complaint lines remained dysfunctional, digital systems lacked follow-ups, and repaired roads frequently collapsed after the first rains. During enquiries, the government departments engage in a “blame game” over jurisdiction and responsibility, the court pointed out.
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Compensation as a constitutional remedy
Compensation is not just remedial but a constitutional imperative, the Bombay High Court said in its latest ruling, mandating Rs 6,00,000 compensation to the legal heirs of individuals killed in accidents caused by potholes or open manholes.
Injured victims are entitled to compensation ranging from Rs 50,000 to Rs 2,50,000, depending on the severity of their injuries.
This public law compensation remains grounded in the doctrine of strict liability for breach of fundamental rights and falls outside the damages an accident victim might claim through civil proceedings. The high court observed that reminding civic authorities of their duties was proving ineffective, and “tangible consequences must follow institutional failure”.
The Bombay High Court said: “In fact, to refuse to award compensation in a petition involving pothole-related deaths or injuries, and merely to remind the civic authorities of their duties, would amount to rendering mere lip service to the citizens’ fundamental right to safe roads; a right which has been grossly violated.”
The court also reminded that Mumbai, being the financial capital, makes a substantial contribution to the revenue at the Centre, states, and civic bodies and that the MCGM (Municipal Corporation of Greater Mumbai) is “one of the richest corporations in Asia”.
Bad roads not only endanger human lives but also have adverse consequences for the economy and the financial health of companies. Civic authorities and state agencies need to provide the “taxpaying public with proper and safe roads”.
Committees to oversee claims & accountability
To implement its directives, the Bombay High Court has ordered the formation of district-level committees. Within municipal limits, each committee will include the municipal commissioner and the secretary of the District Legal Services Authority (DLSA).
For areas under the Mumbai Metropolitan Region Development Authority or Maharashtra State Road Development Corporation, the district collector, the chief executive officer, or principal secretary, and the DLSA secretary will form the committees.
Under the court’s directions, the committees can act suo motu or act based on applications submitted by victims or their families. They can also take cognisance of media reports or other sources. All police stations are now duty-bound to notify relevant committees within 48 hours of a pothole-related accident involving death or serious injury.
The court directed the disbursal of the compensation within six to eight weeks of claim filing. Failure to meet the deadline will bring personal liability on the relevant officer, be it the municipal commissioner or the district collector. The officer concerned will then be charged an interest of nine percent annually, starting from the date of claim filing.
48-hour pothole repair & deadline
In a significant operational directive, the Bombay High Court ordered the repairs of all pothole or open manhole hazards reported to civic bodies “forthwith and, in any event, within forty-eight hours.” Any failure will constitute gross negligence and lead to disciplinary action against the responsible officers and contractors.
The ruling reinforces earlier requirements for a unified grievance redressal mechanism that allows citizens to report issues via toll-free numbers, mobile apps, SMS, and websites with photo-upload features. These platforms must be functional, responsive, and updated with action taken on complaints.
The court instructed the state government to widely publicise its directions, ensuring that victims and their families are informed about their rights and the compensation process. The court also sought compliance reports from all respondent authorities, sharing pothole-related complaints received, compensation amounts disbursed, and actions taken against negligent officials or contractors, by 21 November 2025.
The court concluded with a warning—the state should use public funds collected for infrastructure efficiently and transparently, and any road construction or repair should ensure durability for at least five to ten years. “Unless accountability is fixed not only on contractors but also on civic authorities themselves…” the court said, “…this tragic scenario will continue to repeat itself.”
(Edited by Madhurita Goswami)
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