Dinesh Kamath's news item 'Bombay HC gives a hearing to PIL on potholes' that was published in Newsband

Bombay HC gives a hearing to PIL on potholes

By Dinesh Kamath

NAVI MUMBAI: Bombay high court had agreed to hear suomotu public interest litigation after it took cognizance of the bad conditions of roads due to potholes in Mumbai, Thane and Navi Mumbai and issued notices to its civic bodies and the state government. The court sought to know how road works contracts were awarded by these civic bodies.

The pathetic condition of roads led to hardship and inconvenience to the people at large and also casualties, especially to riders of two wheelers, resulting into spinal injuries or even fatal accidents. The main reason was the numerous potholes on the roads.

The Chief Secretary, Principal Secretary, Public Works Department and municipal commissioners were directed to remain present at the hearing on August 13, 2013. The chief executives of Mumbai Port Trust, MMRDA, MSRDA were also asked to be present during the hearing. The judges posed six questions to authorities on the manner in which BMC, TMC and NMMC awarded contracts. The judges had clarified that the issues to be considered in this PIL would be only regarding improvements to be made in future

On Tuesday, Bombay high court directed the civic corporations of Mumbai, Thane, Navi Mumbai, Vasai Virar and Mira Bhayandar to come up with an action plan to tackle the menace of potholes. The judges said that the problem was because of lack of coordination between agencies concerned with construction, maintaining and repairing roads.

Navi Mumbai’s Municipal Commissioner Abasaheb Jarhad was also present in the court during the hearing. The civic chiefs put the blame on constant digging by utility agencies and water-logging caused by rains. The court was told that a committee has been formed for management and co-ordination of road repairs and maintenance and that its report will be submitted to the state government. The court was also told that while granting tenders to contractors apart from the lowest bid, several other factors like work experience and financial details are also looked into.

The judges were told that the work towards utility mapping and coordinated placement of underground cables, to ensure that the conditions of roads did not suffer in future, were in progress. It was clear that the municipal corporations were trying to cover their shoddy job so far.

The judges said that all the people wanted proper roads. “Property prices are so high, people cannot afford to buy flats in south Mumbai. They stay far away and commute the distance. Roads are the arteries of a city. If you give good roads, people don't mind staying 50km away,” said the judges. They also added that smooth roads and good connectivity can cut down on commute time.

The judges came to the conclusion that indiscriminate digging of roads to lay underground cables for services such as phone, water, gas, electricity and petroleum led to potholes. The judges then asked if the ducts could be laid in such a way that roads did not have to be dug up every time service providers had to work on cables. The judges were told that two measures have been adopted that might solve the problem-utility mapping and coordinated placement of utility cables.

The judges also questioned why all agencies, such as MSRDC and MMRDA, could not jointly award road contracts. They were told that the agencies worked under individual boards and the municipal corporation under the Standing Committee.

The judges said that while paperwork was good, the results were not visible on the roads. They suggested that the authorities learn from foreign countries.

 The judges suggested that the contract money should be released in installments over a period of five years, that way the contractors would maintain the roads.

The court directed the civic bodies to submit a report giving details about its plan of action and submit it by September 3. It posted the matter to be heard on September 5.