The Bombay High Court’s decision in High Court on Its Own Motion v. State of Maharashtra & Ors. (2025 SCC OnLine Bom 3869) is a landmark ruling that reframes the recurring issue of potholes and poor road maintenance as a constitutional concern. The Court made it clear that safe, motorable roads and properly maintained footpaths are a part of the fundamental right to life under Article 21 of the Constitution of India.
Executive Summary
This suo motu Public Interest Litigation, initiated in 2013, arose from a letter by a judge highlighting the repeated loss of life and injuries caused by potholes and unguarded road works. Over a decade of supervision culminated in the 2025 judgment that:
• Declares the right to safe roads as an extension of Article 21;
• Directs state and civic bodies like MCGM, MMRDA, MSRDC, CIDCO, and MBPT to adopt scientific maintenance standards;
• Mandates a centralized, technology-enabled grievance redress system with photo evidence and time-bound resolution;
• Ensures strict accountability for contractors and civic officials involved in substandard work.
⸻
Background of the Case
The proceedings began after a judicial letter in 2013 exposing the alarming number of accidents and fatalities caused by unsafe roads in Mumbai. The Court took suo motu cognizance, registered a PIL, and over several years issued directions to develop complaint mechanisms, adopt modern repair techniques, and improve inter-agency coordination.
Despite repeated orders, the problem persisted. The Bench of Justice Revati Mohite Dere and Justice Sandesh D. Patil finally delivered a comprehensive verdict reiterating that citizens cannot be made to risk their lives due to administrative apathy.
⸻
Key Judicial Findings
1. Article 21 Protection: The right to life includes the right to safe roads and public infrastructure. Deaths and injuries from road negligence are constitutional violations.
2. Statutory Obligation: Maintenance duties of municipal bodies under their governing Acts are mandatory, not discretionary.
3. Accountability: Contractors and officers must be held responsible for poor quality and unsafe work.
4. Coordination: Multiple agencies controlling overlapping roads must operate through a single-window grievance system.
5. Accessibility: Complaint mechanisms must be friendly for persons with disabilities, and all manholes must be properly covered and lit.
⸻
Directions Issued by the Court
• Four Complaint Modes: Written submissions, toll-free helplines, dedicated websites/apps (with photo upload), and mobile/SMS systems.
• Time-Bound Response: Every complaint must be acted upon within three weeks, with “before and after” photos uploaded for public view.
• Public Display: Every repair or excavation site must show a board with contractor details, duration, and completion deadline.
• Transparency and Publicity: Complaint systems must be widely publicized at least three times a year, especially before monsoon.
• Modern Techniques: Authorities must use scientific and durable materials, even if costlier, to ensure longer road life.
• Disciplinary Action: Officers and contractors failing to meet standards shall face strict penalties.
⸻
Policy Impact and Legal Reasoning
The Court directed the State to frame uniform policies and technical standards for road construction, ensuring quality, accountability, and durability. It emphasized that recurring accidents and losses are preventable tragedies, not inevitable consequences.
The Bench stated: “When roads are unsafe, manholes unguarded, or complaints ignored, it is a direct assault on the right to life and dignity.”
This judgment thus converts a civic grievance into a constitutional enforcement mechanism — ensuring administrative responsibility through judicial oversight.
⸻
How This Judgment Helps Citizens
• Citizens can now demand road repairs as a legal right, not a favor.
• Complaints filed through official mechanisms must be acted upon within fixed deadlines.
• Negligence resulting in accidents may invite public law compensation.
• Courts and Legal Services Authorities can monitor compliance at the district level.
⸻
👨⚖️ Expert Review by Adv. Sanjay Bishnoi
Adv. Sanjay Bishnoi, a leading practitioner at the District & Sessions Court, Sirsa, with active work in Fatehabad, praised this ruling as a milestone for public accountability.
“This judgment reaffirms that the Constitution protects not just liberty but also the everyday safety of citizens. The Bombay High Court’s insistence on technology-driven grievance systems and quality checks is a remarkable step towards responsible governance. This is not just about fixing roads — it’s about restoring faith in public institutions.”
— Adv. Sanjay Bishnoi
With years of experience in criminal and constitutional law, Adv. Bishnoi and his firm Sanjay Bishnoi & Associates have consistently advocated for justice, transparency, and the protection of individual rights. Clients describe him as a humble, committed, and result-oriented advocate, known for achieving exceptional results in bail and criminal cases across Haryana and beyond.
His approach blends legal precision with human empathy — values that align with the very essence of this judgment, where law meets the everyday life of the citizen.
⸻
Conclusion
The 2025 Bombay High Court judgment on potholes stands as one of India’s most detailed judicial efforts to protect citizens’ constitutional rights through civic accountability. It reminds every authority that good governance begins with safe infrastructure — and that every pothole unrepaired is a violation of Article 21.
This verdict not only enforces responsibility but also symbolizes hope — that the law, when invoked with purpose, can truly safeguard the lives of ordinary people.
By:
Adv. Sanjay BishnoiFollow us on Linkedin
Founder — Sanjay Bishnoi & Associates
District & Sessions Court, Sirsa & Fatehabad
📍 Chambers 406 & 460, New Lawyers Chamber Complex, District and Sessions Court, Sirsa
For Location Click here 📍Chamber No. 92, District and Sessions Court Fatehabad
#BombayHighCourt #Article21 #RightToLife #RoadSafety #PublicInterest #InfrastructureLaw #JudicialOversight #AdvSanjayBishnoi #SanjayBishnoiAndAssociates #LegalAwareness #AccountabilityMatters #ConstitutionalLaw #LawAndJustice
