Case Note & Summary
This suo motu public interest litigation was registered by the Bombay High Court in 2013 based on a letter from Justice G.S. Patel highlighting the pathetic condition of roads in Mumbai, potholes causing fatal and spinal injuries, and the inconvenience to citizens. The Court took cognizance and issued notices to various authorities including the State of Maharashtra, municipal corporations, MMRDA, MSRDC, and Mumbai Port Trust. Over the years, the Court passed several orders to address the issue, particularly during monsoons when potholes proliferated. On 20th May 2015, the Court issued a comprehensive set of interim directions binding all municipal corporations and other agencies. These directions mandated maintaining roads and footpaths in good condition, filling potholes scientifically, prominently displaying details of digging and repair works, establishing a multi-channel complaint mechanism (written, toll-free, website, text message) with tracking and uploading of action-taken reports, and giving wide publicity. Crucially, the Court declared that the right to have properly maintained streets is a fundamental right of citizens, and directed that circulars be issued warning officials that failure to maintain roads could lead to loss of life and disciplinary action. The Court also directed the State Government to consider extending these directions to all municipal corporations not party to the petition. The matter has been periodically monitored, with the Court noting that despite earlier orders, the deplorable condition of roads persists, causing deaths and injuries each monsoon. In the present order pronounced on 13th October 2025, the Court continued to exercise its jurisdiction, reiterating the earlier directions and emphasizing the need for compliance. The order underscores the continuing nature of the mandamus and the Court’s commitment to ensuring road safety as part of the fundamental right to life.
Headnote
A) Constitutional Law - Fundamental Rights - Right to Well-Maintained Roads - Constitution of India, Article 21 - The Court held that the right to have properly maintained streets is a fundamental right of citizens under Article 21, and failure by authorities to maintain roads in good condition can lead to loss of life, injuries, and waste of resources - Directions were issued to municipal corporations and agencies to maintain roads, footpaths, and bridges in proper condition, and to initiate disciplinary action against erring officials for non-compliance (Paras from the Order dated 20.05.2015, clauses (ii), (xiv)). B) Municipal Law - Maintenance of Public Roads - Directions to Municipal Corporations and Agencies - No specific statute cited - All municipal corporations were directed to maintain streets/roads in good and proper condition, fill potholes scientifically, provide a four-mode complaint mechanism (written, toll-free, website, text), display details of digging works and repair timelines, and upload action taken reports with photographs within two weeks - Non-compliance may lead to disciplinary action (Paras from the Order dated 20.05.2015, clauses (ii)-(xiv)).
Issue of Consideration
Whether the deplorable condition of roads and the resulting pothole-related deaths and injuries violate citizens' fundamental rights and what directions are necessary to ensure safe and properly maintained streets
Final Decision
The Court continued to exercise its suo motu jurisdiction, reiterating earlier directions and emphasizing that the right to properly maintained streets is a fundamental right. It issued further monitoring directions and expected compliance from authorities. The matter remains ongoing.
Law Points
- Right to have properly maintained streets is a fundamental right
- Municipal corporations responsible to keep roads in good condition
- Disciplinary action against officials for failure to maintain roads
- Mechanism for citizen complaints mandatory
- Scientific methods for road construction and repair
- Accountability of authorities for road safety
