The Bombay High Court on Wednesday said if there is any untoward incident in the city due to an open manhole, Mumbai’s civic body, Brihanmumbai Municipal Corporation, will be held responsible.
A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja were hearing a bunch of petitions raising concerns over the increasing number of potholes and open manholes across Maharashtra.
Senior counsel Anil Sakhare appearing for BMC informed the court that “they are addressing the issue of open manholes on a war-footing basis and work was on to close all such manholes.”
The court said, “Good you (BMC) are working but till then if harm is caused to anyone, we will hold you responsible. We are appreciating the BMC but what happens if a manhole is open, and someone falls. In such a situation, we won’t ask the aggrieved person to initiate civil suit (for compensation)…we will say that your officers are responsible.”
The court suggested, “In this modern day of science and technology, can’t we think of something else? Why don’t you (BMC) devise something by which you come to know if someone even touches the cover? Then a beep goes off in your office. Why don’t you come up with something like a sensor?”
“You must do some progressive thinking. It is your job. We cannot keep saying what needs to be done,” the court said.
The court further said, “A solution must be provided by you. What should be the appropriate solution for this… you tell us. We need permanent measures and some standard operating procedure to address the issue of open manholes.
The hearing is adjourned to December 19.
