However, considering the “public welfare and importance”, the court revived the suo motu Public Interest Litigation (PIL) in which the court passed directions in 2018 and sought detailed replies from the civic authorities. The court said it was difficult for it to keep issuing directions in the contempt plea, hence it was reviving the PIL.

“This court is of the considered opinion that respondents have made bonafide efforts for compliance with directions, therefore, they cannot be held to have committed contempt of orders dated February 24 and April 12, 2018. However, taking into consideration the public welfare and public importance of directions, in the light of the recognition of fundamental rights under Article 21, the PIL stands revived. Respondents are directed to take immediate corrective action and ensure full compliance with the directions of this court of 2018,” the bench held.

“The respondents shall submit a detailed compliance report through the affidavit in reply within eight weeks from today, failing which other coercive steps shall be taken against them. List PIL on December 3, 2024. Contempt petition stands disposed of,” the bench added.

The Bombay High Court will hear the PIL on December 3.

In February and April 2018, a division bench led by Justice Abhay S Oka (now a Supreme Court judge) passed orders on suo motu PIL, directing the repairing of potholes along all arterial roads in the city and devising a uniform mechanism to redress citizens’ grievances related to bad roads and potholes.

During earlier hearings this year, the Bombay High Court raised concerns over the slow progress made in the work related to concretising all roads falling within the limits of the Brihanmumbai Municipal Corporation (BMC) and stressed the need for a ‘unified body’ to maintain roads in Mumbai.

Last year, the court summoned commissioners of six municipal corporations in MMR, including those of Mumbai, Thane, and Navi Mumbai, to explain why contempt should not be issued against them for disobedience and non-compliance with orders about potholes, uncovered manholes and poor condition of roads.

Thereafter, while stating that the cause of deaths of pedestrians or cyclists falling in manholes or potholes is “man-made” and not a natural cause, the high court directed an immediate inspection through a spot survey by BMC officials accompanied by advocate-commissioners across 24 wards to inspect whether manholes across the city are covered and submit a report. The high court also directed BMC and the Mumbai Police to take deterrent measures against the theft of manhole covers and directed the installation of protective grills on all manholes.

On September 30, 2022, BMC assured the bench led by then Chief Justice Dipankar Datta (now an SC judge) that it will take at least two-and-a-half to three years to concretise more than 2,000 km of lanes, bylanes and roads in the city. Later, the high court pulled up the state government for ‘slackness’ in complying with its assurance and the related order.