Ruju R. Thakker vs State Of Maharashta And 11 Ors. ... on 8 October, 2024

[Cites 6, Cited by 0]

Bombay High Court

Ruju R. Thakker vs State Of Maharashta And 11 Ors. ... on 8 October, 2024

1. This contempt petition arises from alleged non- compliance by the Municipal Corporation of Greater Mumbai, Navi Mumbai Municipal Corporation, Kalyan Dombivli Municipal Corporation, Vasai Virar Municipal Corporation, Thane Municipal Corporation, Meera Bhayandar Municipal Corporation, and officers of the State of Maharashtra with the order dated 24th February 2018 and 12th April 2018 passed by this Court in Public Interest Litigation No.71 of 2013 whereby the respondents were directed to complete work of maintenance of road, display of information for digging work, establishment of redressal grievance mechanism, manhole safety, quality assurance in road contracts, and set up monitoring of grievance mechanism.

2. Taking cognizance of letter dated 24th July 2013 authored by a Judge of this Court, the Chief Justice initiated suo-moto public interest litigation by issuing notices to the respondents. Subsequently, several orders were passed from time-to-time addressing various issues, including issues referred in order dated 20th May 2015 whereby interim directions were issued. This Court on 24th February 2018 and 5 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc 12th April 2018 recorded conclusions to the following effect:

a) Right to have streets and footways in reasonable condition is a fundamental right under Article 21 of the Constitution of India. Citizens have a right to use public streets and footways without obstructions;

b) The primary purpose of constructing streets is to allow for vehicular passage, and the purpose of footways being part of the streets, is to allow citizens to walk and travel freely.

Any obstruction that prevents citizens from enjoying this right to passage constitutes violation of their fundamental rights under Article 21 of the Constitution of India;

c) Corresponding obligation on the authority is to ensure that streets and footways are maintained in a condition that allows citizens to use them effectively. Authorities must establish a Grievance Redressal Mechanism enabling citizens to report any violation of their rights. Citizens are entitled to expect prompt and effect action from municipal authorities to resolve such complaint;

d) If a citizen suffers injury due to the poor condition of streets arising from negligence by municipal or other 6 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc authorities, they have a right to seek compensation from the State or local authorities responsible for street maintenance. In cases where poor street conditions result in loss of life due to negligence, the legal representatives of deceased have right to claim compensation from the responsible authorities in accordance with law;

3. In the light of principles stated above, this Court issued various directions which can be summarized as below:

i) Maintenance of roads: All relevant authorities, including municipal corporations and the State Government, are responsible for maintaining streets and footpaths in good condition, ensuring that the potholes are filled scientifically as ongoing project;

ii) Display of information for digging work: Authorities must display information at digging sites, including agency's contract details, extent of work, completion period, and restoration time-lines;

iii) Grievance Redressal Mechanism: A mechanism must be established for the citizens to file complaint regarding street conditions through various channels, including written 7 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc complaints, toll-free numbers, dedicated websites and cell phone numbers. This mechanism should be operational year-

round;

iv) Tracking complaints: A system will be implemented to track actions taken on complaints, with reports uploaded within three weeks of receipt. Compliance photographs should also be shared online;

v) Centralized mechanism: The State Government will generate a centralized grievance mechanism for all municipal corporations and planning authorities to streamline complaint handling;

vi) Publicity: The authorities must widely publicize the grievance mechanism through newspapers, strategic locations and electronic media by August 1, 2018;

vii) Open manhole safety: Measures must be taken to protect open manholes and barricades and warning signs to prevent accidents;

viii) Quality assurance in road contracts: The State Government will establish policies ensuring quality in road construction contracts and technical specifications for material 8 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc and methods used.

ix) Compliance reporting: Municipal Councils and other authorities must submit compliance reports quarterly to the State Government, which will compile this report for Court review;

x) Monitoring of grievance mechanism: Designated officers will monitor the grievance redress mechanism to ensure timely responses to the complaints;

xi) Traffic Police coordination: The State Government is required to direct traffic police regarding compliance with safety measures by July 15, 2018;

xii) Regular updates to Courts: Detailed compliance report must be presented to the Court regularly, including information on received complaints and resolutions.

4. The present contempt petition is filed on the ground that despite lapse of stipulated period the maintenance of roads and their construction was not completed. The directions issued against the State Government, Municipal Corporations and other authorities regarding maintenance of streets, roads and footways, filling potholes, setting up Grievance Redressal 9 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc Mechanism and ensuring adequate precautions in case of open manholes, amongst others have not been complied with. The contempt petition alleges that the respondents have willfully disobeyed these directions, particularly regarding maintenance of roads and footpaths, failure to implement Grievance Redressal Mechanism, failure to fill potholes scientifically and promptly, inadequate precautionary measures for open manholes etc.

5. The respondents by filing their affidavits-in-reply claimed that they have complied with directions issued in the orders dated 24th February 2018 and 12th April 2018.

6. Respondent No. 1, through the Chief Secretary, has submitted an affidavit-in-reply, stating that the initial delay in complying with the directions issued by this Court was due to the nationwide lockdown and the pandemic situation prevailing in the State. However, it was asserted that a meeting of all stakeholders was convened in the Chamber on 6th October 2021 to inform all concerned parties about the need to comply with the Court's order. All stakeholders were directed to submit their compliance reports to the Urban Development Department regarding specific issues outlined in 10 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc the communication dated 6th October 2021. Out of 27 Corporations, 15 submitted their compliance reports, and the Department is following up with the remaining 12 to obtain their reports. In an affidavit-in-reply dated 27th September 2023, Respondent No. 1 provided a point wise compliance report from the Urban Development Department with respect to each of the directions issued by this Court.

7. Respondent No.2 - Municipal Corporation of Greater Mumbai (MCGM) in its reply stated that the total length of road in the city of Mumbai is 2050 kms., out of which 1224 kms. Of road has been concretized. Concretization of 356 kms of road is in progress, and tender of road having length of 389 kms have been floated and, therefore, balance length of road to be concretized is only 81 kms. The delay in concretization of road has been explained by stating that due to monsoon work cannot be carried out and failure of some contractors to satisfactorily complete the work, against whom action had been taken to terminate their contract, and fresh tenders have been issued. It is stated that the MCGM has prepared Uniform Footpath Policy which is available on MCGM portal. Potholes have been filled up by using conventional methods of "Pothole Filling by Coldmix.. Mastic (Asphalt)". A budget of 11 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc Rs.2 crore per ward per annum was allotted for unforeseen work as well as filling up of potholes. The cost incurred for filling up potholes by mastic was Rs.161 crore. It has nominated a dedicated responsible officer in every electoral ward with dedicated mobile sim. It is also stated that in major activity of road digging, boards displaying name of work, contractor, time period, name of concerned staff with contract number as per tender condition are in place. It is stated that Grievance Redressal Mechanism of MCGM is already functional. Facility is available throughout the year and mybmcpotholefixit App is already in use for facilitating the citizens in lodging complaints and creation and installation of disable friendly website was under consideration. The system of tracking is already made functional. WhatsApp number of road engineer of 24 wards are published in all leading newspapers and displayed on major street's prominent locations of all wards. Uniform Footpath Policy is being prepared and is being implemented in view of provisions of Right of Persons with Disabilities Act, 2016 which is already available on MCGM portal. Protective grills are provided at flooding spot manholes and remaining manholes protective grills are being provided through concerned wards which are 12 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc replaced on timely basis including protective grills identified by Advocate Commissioners. The work of Grievance Redressal Mechanism is monitored by the MCGM head office and respective head of departments. All complaints received are attended on daily basis. It has also given short term and long term measures regarding concretization of roads. Details of manholes replaced due to damage or theft or report have been provided in paragraph 79 of the affidavit in reply dated 3rd November 2023, which is as under:

          Sr. No.              Year 2020 Year 2021    Year 2022
                                                              Jan. 2023
                                                              to August
                                                                2023
   No. of replaced              458 (SO) 564 (SO)   836 (SO) 674 (SO)
    covers due to              383 (SWD) 315 (SWD) 305 (SWD) 254 (SWD)
   damage or theft

No. of repaired 374 (SO) 390 (SO) 503 (SO) 269 (SO) robohole covers / 153 (SWD) 176 (SWD) 230 (SWD) 227 (SWD) frames.

8. In support of the averments in the affidavit-in-reply, the respondent No.2 has annexed photographs showing status of road before and after the order. The respondent No.2, therefore, prayed for dismissal of the contempt petition.

9. Respondent No.3 filed affidavit-in-reply on 4th January 2023 and 8th September 2023 indicating compliance with the directions of this Court. As and by way of reply to non- 13 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 :::

conpp6-2019 in pil71-2013-Final.doc compliance chart submitted by the petitioner, it is stated by respondent No.3 that Navi Mumbai Municipal Corporation (NMMC) has launched Daksh App to monitor progress of ongoing projects in NMMC. Contractors responsible for annual maintenance upload citizens complaint and site photographs to NMMC Daksh App. The Municipal Corporation Engineering Department engineer review the photographs and actual work at site granting online approval through App. Only after this approval, the contractors proceeds with specified work. After completing the work as per the complaint, the contractor uploads photographs of the unfinished work on NMMC Daksh App. The Engineering Department inspects and approves the work through the App. 108 kms of roads in MIDC area have been fully concretized, and these roads are free from potholes. While granting permission for road excavation, it is made mandatory to put conditions on giving name and address of working company and their contact details, date of commencement of work and completion of work, duration of completion of work and the length of the work. It has established grievance portal to facilitate filing of complaint concerning roads within municipal area. An additional WhatsApp number has been introduced for this purpose. 14 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 :::

conpp6-2019 in pil71-2013-Final.doc Dedicated website is also made available for grievance of citizens. Ward-wise site supervisors have been appointed and manholes covered on sewers are regularly inspected and in case of theft, such manholes are immediately replaced by annual maintenance contractor.

10. Respondent No. 4, a Municipal Corporation, submitted an affidavit through its Engineer, indicating compliance with the directions issued by this Court. It was stated that the directions have been substantially complied with, and only a small portion of the road construction work remains incomplete. An explanation for incidents that occurred during the pendency of the contempt petition has been provided through an affidavit dated 27th September 2023.

11. Respondent No. 5, a Corporation, submitted an affidavit through its Assistant Municipal Commissioner, explaining the actions taken in response to incidents that occurred during the pendency of the contempt petition. It was further stated that the jurisdiction of the Vasai Virar Municipal Corporation spans an area of 3.1 square kilometers and has a population of 24 crores. The road network covers approximately 526.45 kilometers. Annual tenders for the repair of chambers and 15 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc chamber covers are published before the monsoon season. It was noted that a dedicated website has been made operational for citizens to lodge complaints up to 2023-2024. The contractor appointed by Respondent No. 5 has replaced approximately 4,662 RCC chamber covers and 1,471 MS chamber covers. A total of 905 potholes covering an area of 15,704 square meters have been filled with paver blocks or tar, while 2,395 potholes covering 75,071.76 square meters have been filled with asphalt. An amount of ₹14.99 crores has been spent on the maintenance of chamber covers. A detailed chart indicating compliance with each of the Court's directions was submitted along with the affidavit-in-reply.

12. Respondent No. 6 submitted an affidavit, through the Superintending Engineer, on 25th November 2022, detailing the steps taken to comply with the Court's directions. The affidavit included a chart indicating the actions taken for pothole repairs, along with photographs. The chart also noted the number of identified potholes and those repaired. It was further communicated to Respondent No. 2 to take over the maintenance of the Western Express Highway and Eastern Express Highway. The details of a website for complaint management and the publicity given to it were placed on 16 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc record. Additionally, it was stated that approximately 157 complaints received by the MMRDA control room had been appropriately addressed. Further progress in compliance with the Court's directions was submitted in an affidavit dated 8th June 2024, outlining in detail the steps taken to comply with the Court's order.

13. Respondent No. 7 submitted an affidavit-in-reply through the Assistant Executive Engineer, stating that it maintains approximately 66.9 kilometers of roads in Mumbai within its jurisdiction. It was further stated that road maintenance work is undertaken every two years, as reflected in the submitted chart. The present condition of the roads and the status of compliance with the work were also provided. Through affidavits dated 11th January 2023 and 13th February 2024, Respondent No. 7 placed on record details of compliance with each of the directions issued by this Court.

14. Respondent No. 8, through the Secretary (Roads), Public Works Department (PWD), filed an affidavit-in-reply stating that the total length of motorable roads in the State of Maharashtra is approximately 323,108 kilometers, of which 98,189 kilometers are under the jurisdiction of the PWD. It 17 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc was noted that the Central Government is responsible for the maintenance of national highways, while rural area roads are maintained by the rural development department. The PWD operates a functioning website for citizens to lodge complaints, which is active and operational. The action plan for filling potholes on major state highways was to be completed by 3rd November 2022, and on major district roads by 31st December 2022. The annual maintenance program for these roads began per a letter dated 5th April 2022, following the completion of the tender process, with work orders issued and work already underway. In an affidavit dated 14th June 2023, the Deputy Secretary of the Urban Development Department filed a compliance report for 16 Municipal Corporations that had not submitted their reports in response to the earlier affidavit.

15. Respondent No. 9, through the Executive Engineer, submitted an affidavit-in-reply stating that roads with a total length of 37.36 kilometers fall under its jurisdiction, and necessary steps have been taken for their maintenance. The potholes on these roads have been repaired, and it was noted that maintenance is an ongoing process aimed at keeping the roads in optimal condition. It was further stated that during a 18 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc meeting held on 20th September 2022 under the chairmanship of the Chief Minister of Maharashtra, a decision was made to transfer the responsibility for maintaining all flyovers and related structures within the Mumbai Metropolitan Region to the respective Municipal Corporations. Respondent No. 9 has placed on record compliance details in affidavits dated 13th June 2023, 27th September 2023, and 6th February 2024.

16. Respondent No.10 - Thane Municipal Corporation filed two affidavits dated 30th December 2022 and 29th September 2023 giving details of compliance made by the Thane Municipal Corporation. It is stated that pursuant to orders dated 18th December 2023, 23rd January 2024 and 15th February 2024, this Court directed Municipal Corporations to response to non-compliance as per chart submitted by the petitioner. However, the chart submitted by the petitioner does not indicate name of respondent No.10.

17. Respondent No. 11 filed an affidavit-in-reply stating that the repair and replacement of manhole covers on gutters, drains, and footpaths are undertaken annually through the tender process, with a specific budget allocation made for this 19 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc purpose. For the year 2022-2023, a total of 4,249 covers within municipal limits were replaced. The names and contact numbers of the officials responsible for manhole cover repairs and replacements have been published on the municipal website. Additionally, 100 covers are kept in reserve in each municipal ward. A decision has been taken to install fiber- reinforced polymer covers to prevent the theft of metal covers. A dedicated website and mobile application have been created for citizens to lodge complaints, and these platforms are operational. Supervisors have been instructed to upload photographs of any damage or theft so that remedial action can be promptly taken.

18. The petitioner has filed rejoinder-affidavit contesting the claim of compliance made on behalf of the respondents. It is submitted that the report of the Court Commissioners indicate non-compliance of directions regarding manholes in various wards of MCGM. Various interim orders passed during pendency of the PIL petition and contempt petition have not been complied with. It is submitted that due to monsoon some patch work done by the municipal corporation washed away, which phenomena occur in every monsoon. There has been no improvement in the state of roads, open manholes 20 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc and footpaths and, therefore, there is willful disobedience of the order of this Court.

19. The petitioner in her oral submissions contended that the respondents have willfully disobeyed order of this Court. It is submitted that the respondents' incomplete construction of road, even after substantial time has passed, demonstrates willful disobedience of order of this Court. Partial compliance as contended by the respondents does not amount to full compliance and, therefore, action under the provisions of the Contempt of Courts Act need to be taken against the respondents.

20. Mr. Mistry, learned Amicus has filed a note and submitted that the respondents have acted in breach of directions issued by this Court. By inviting out attention to the various orders passed by this Court during pendency of present contempt petition, it is submitted that the respondents have failed to submit quarterly compliance report; failed to maintain roads in good condition; failed to install all manhole covers/primary covers; failed to formulate policy for compensation to the victims of injuries caused by poor road quality; the Apps and websites of various municipal 21 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc corporations including MCGM are non-functional; there is improper illumination around roads while being repair or roads with potholes/manholes. He suggested various measures to be taken by this Court to ensure proper compliance as regards betterment of condition of roads which includes appointment of designated officer for implementation of contracts. By inviting attention of this Court to various provisions of the MCGM Act and Maharashtra Municipal Corporations Act, he submitted that the State Government and the Commissioner have power to ensure compliance of various duties in case of failure by either officer or Municipal Corporation. He submitted that directions can be issued to the respondents for providing medical aid or compensation to the citizens injured or loss of life due to potholes. He suggested for setting up of funds for compensation to victims of pothole accidents similar to compensation offered to victims of injured caused by collapse of trees.

21. The respondents represented by respective learned counsel submitted that they have complied with directions issued by this Court by orders dated 24th February 2018 and 12th April 2018. They submitted that in any case undisputedly there has been substantial compliance with the order of the 22 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc Court. They pointed out that substantial work of road construction has been completed, and remaining work could not be finished due to factors beyond control of the Corporation. The respondents assured the Court their commitment to complete recurring work of maintaining roads each year and, therefore, submitted that there is no willful disobedience of order passed by this Court.

22. Having scrutinized the record, and after considering submissions made on behalf of both sides, in the light of scope of contempt petition, this Court need to examine whether respondents' action amount to "willful disobedience of order of this Court; whether the respondents have made bona fide efforts to comply with the directions; and whether the respondents have demonstrated substantial compliance".

23. The contempt of Court, particularly civil contempt, is governed by Section 2(b) of the Contempt of Courts Act, which defines civil contempt as a willful disobedience of any judgment, decree, direction, order, writ or other process of Court. It is well settled that for holding a party in contempt it must be established that (i) there was a clear and unambiguous order; (ii) the respondents had knowledge of 23 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc the order; (iii) the respondents willfully disobeyed or breached the order.

24. In Kapil Dev Prasad Saha v. State of Bihar, the Supreme Court held that to succeed contempt proceedings, it must be shown that disobedience is both willful and deliberate. If there is substantial compliance, contempt would not ordinarily lie. To hold respondent in contempt, civil contempt specifically, it must be demonstrated that there has been a willful disregard of Court's judgment or order. Whether the disobedience is willful in a particular case depends upon the facts and circumstances of that case. Even negligence and carelessness can amount to disobedience, particularly when the person's attention has been drawn to the Court's order and their implications.

25. In the landmark case in Re Vinaychandra Sharma, (1995) 2 SCC 584, the Supreme Court dealt with issue of contempt of Court, particularly emphasizes the seriousness of maintaining the dignity and authority of the Courts. The Court held that the power to punish for contempt is necessary to ensure respect for judiciary and its order, as willful disobedience of Court's orders undermines rule of law. 24 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 :::

conpp6-2019 in pil71-2013-Final.doc However, such power to punish for contempt should be exercised with care and caution, and it must be used effectively where there is willful breach of orders. It is held that where there is a clear and deliberate attempt to flout an order, punishment becomes necessary.

26. In the light of position of law as indicated above, it is necessary to analyse the allegations on behalf of the petitioner and the stand taken by the respondents. The petitioner alleged that the streets are in poor condition, and potholes continue to persist. The respondents have placed on record material to indicate efforts showing repair of roads and filled potholes. The question, therefore, arises as to whether these efforts meet the standard of "proper condition" as mandated by the order of which breach is alleged.

27. Upon perusal of the affidavits-in-reply filed by the respondents, it needs to be noted that the respondents have demonstrated that majority of roads have been maintained and substantial concretization work has also been completed. However, fact remains that certain stretch of road remained in poor condition. The reply filed by the MCGM indicates that except 81 kms out of 2050 kms of road, rest of the roads 25 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc have been concretized, or the work is in progress. Similar is situation regarding other municipal corporations. Therefore, in our opinion, there is substantial compliance of Court's order as regards maintenance of roads and footways.

28. The next allegation is in relation to non-implementation of Grievance Redressal Mechanism. This Court directed respondents to establish Grievance Redressal System allowing citizens to report potholes and poor road conditions through various means, such as website, toll-free numbers and mobile applications. According to the petitioner, these mechanisms are either non-functional or not adequately publicized. The respondents in their affidavits-in-reply have given details of steps taken to set up a website, toll-free numbers and in some cases mobile applications. However, there is insufficient evidence to show that these mechanisms are effective or accessible to public. Moreover, the respondents have not adequately established fulfillment of directions to provide effective and accessible mechanism for grievance redressal as required by the judgment. However, affidavits-in-reply indicate bona fide efforts and substantial compliance on the part of the respondents to comply with the directions of Grievance Redressal Mechanism.

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29. It is next contended by the petitioner that the direction of filling of potholes to be treated as an ongoing project and completing it scientifically has not been satisfied by the respondents by their piecemeal approach. The evidence on record suggests that the MCGM has concretized 1224 kms of road out of 2050 kms. Concretization of 356 kms road is in progress and tenders are floated for length of 389 kms. Therefore, balance length of road to be concretized remains to be only 81 kms out of total length of 2050 kms of road. The other municipal corporations have also stated on oath that they have carried out measures to either fill up the potholes or steps to concretize road has been taken up. This indicates bona fide efforts on the part of the respondents to comply with the directions.

30. The next direction is in relation to precautions to be taken for open manholes. This Court directed that open manholes shall be properly barricaded and marked to prevent accident with specific mention of roads to visually impaired persons. The respondents have indicated in their affidavits-in- reply that most of the manholes have been covered, and warning signs have been installed. However, the petitioner has furnished instances where open manhole continue to exist 27 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc without proper warning signs on barricades. Therefore, this Court is concerned with the serious risk posed by such manholes which may result in loss of precious human life.

31. The material produced by the respondents in addition to statement on oath indicates that substantial work of replacing open manholes has been carried out by the respondents- Corporations. Even as per the report of Advocate Commissioners appointed by this Court, it is established by the respondents-Corporations that bona fide efforts to comply with this direction have been taken by them and this direction is substantially complied with by the Corporations. This Court is concerned about the serious risk posed by such manholes which may result in loss of human life in some cases. Therefore, the measures as stated in the latter part of the judgment needs to be taken in public interest.

32. The analysis of material on record in the context of statements on oath made by the respondents indicate that the respondents have made bona fide efforts to comply with directions of this court. However, their actions fell short of complete compliance. The poor condition of some roads, failure to establish fully functional Grievance Redressal 28 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc Mechanism operational throughout the year, piecemeal approach to pothole repairs and lack of precautions for some open manholes collectively show that the respondents have not completely fulfilled directions under judgment dated 24th February 2018 and 12th April 2018. However, the respondents have established that they have made bona fide efforts to complete the work, and they have not entirely disregarded the order. Moreover, the delays and partial non-compliance are justified by the reasons provided by the respondents which cannot be entirely discounted. However, mere progress does not negate the requirement to comply fully in the prescribed timeline. The respondents-Corporations, while it may not have acted with contemptuous intent, have explained comprehensively delay to take immediate steps to comply with the directions. The respondents' action do not appear to be willfully contemptuous as contemplated under the Contempt of Court's Act. However, this Court cannot overlook the fact that the order has not been fully complied with in its letter and spirit. Therefore, considering the facts and figures produced on record by way of affidavit-in-reply along with annexures, we are satisfied that while there has been substantial compliance, the respondents must be directed to 29 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc complete the remaining work without any further delay. The directions issued by this Court on 24th February 2018 and 12th April 2018 are public welfare measures which needs to be complied with in its letter and spirit. However, considering the scope of contempt petition, it is not possible to continuously supervise compliance of directions of public importance in its contempt jurisdiction. Moreover, considering the nature of directions being of public importance and public welfare is at stake, need of constant vigil and supervision in its writ jurisdiction is essential, particularly in the light of fact that original public interest litigation was a suo-moto public interest litigation. We are of the considered view, therefore, that orders in the nature of continuous mandamus are necessary for ensuring compliance of directions which may require continuous supervision.

33. Local authorities bear a continuous obligation, as mandated by this Court, to maintain streets and footpaths in a state of good condition, ensuring that the potholes are filled scientifically as ongoing project. This duty is ongoing and cannot be neglected without legal consequence. This Court's directives also require the establishment of Grievance Redressal Mechanisms. Local authorities are obliged to 30 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc implement systems that enable citizens to report concerns related to public infrastructure. These mechanisms must ensure that grievances are promptly addressed and resolved, bringing up a culture of administrative responsiveness and accountability. Local authorities are further mandated to display information regarding ongoing works, including contact details of responsible officials and projected timelines for completion. Additionally, they are required to submit periodic compliance reports to the State Government as well as to this Court, detailing actions taken in response to citizen complaints. This Court further mandated that local authorities regularly monitor the efficacy of their Grievance Redressal Systems. Designated officers must ensure that complaints are addressed without undue delay, thereby strengthening accountability across various levels of administration.The requirement that local authorities submit comprehensive compliance reports on a quarterly basis allows for consistent oversight by the State Government and the judiciary.

34. The directives issued by this court emphasize the importance of ensuring that Grievance Redressal Mechanisms are widely publicized, thereby empowering citizens with knowledge of their rights and avenues for reporting issues. 31 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 :::

conpp6-2019 in pil71-2013-Final.doc This citizen engagement is critical in holding local authorities accountable for the quality of their services. By issuing continuous mandamus, this Court needs to establish a framework compelling local authorities to remain accountable for their actions in relation to public welfare, which will enhance transparency and ensure that local authorities diligently comply with their responsibilities.

35. The principle of continuous mandamus has been judicially recognized which contemplates judicial order that requires ongoing compliance from the authorities, ensuring that they fulfill their obligations every time rather than merely at a single point. This continuous mandamus is particularly relevant in cases where public welfare is at stake and the need for constant vigil is essential. Continuous mandamus is necessary to ensure that the Government or local authorities adhere to their duties relating to public services which includes maintaining road infrastructure or other statutory duties casts under the provisions of the Municipal Corporations Act.

36. Considering the nature of directions of which compliance has been sought to be made by the present contempt 32 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc petition, one time compliance with the directions is insufficient, particularly when the issues affect public welfare which require timelines for compliance and mechanism for monitoring progress. The introduction of Grievance Redressal Systems and regular reporting requirements in Court orders reflect intention of its commitment to continuous vigil. In the case of present nature continuous mandamus serves to compel respondents to not only act but also maintain standards sustainable. This aspect is crucial, particularly when neglect can lead to significant public harm to general public. This Court, while issuing directions in the operative part, in its analysis has recorded a finding that right to have streets and footways in all reasonable condition is a fundamental right under Article 21 of the Constitution of India. The authorities under the Municipal Corporations Act have obligations to ensure that the streets and footways are maintained in a condition that allows the citizens to use them effectively. The rationale behind continuous mandamus emphasizes its role as tool for ensuring full benefit of right under Article 21 protecting public interest and enhancing accountability amongst municipal authorities.

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37. In view of the aforesaid analysis, we are of the considered opinion that the respondents have established that they have made bona fide efforts to comply with the directions and have further demonstrated substantial compliance of the directions. Therefore, the respondents cannot be held to have committed contempt of directions contained in the orders of this Court dated 24th February 2018 and 12th April 2018. We are, therefore, of the opinion that the respondents cannot held to have committed willful disobedience of order of this Court dated 24th February 2018 and 12th April 2018.

38. However, taking into consideration public welfare and public importance of the directions in the light of recognition of fundamental right under Article 21, Public Interest Litigation No.71 of 2013 stands revived.

39. The respondents are directed to take immediate corrective action to ensure full compliance with the directions of this Court dated 24th February 2018 and 12th April 2018. They shall submit a detailed compliance report by way of affidavit in reply within eight weeks from today in Public Interest Litigation No.71 of 2013, failing which further 34 ::: Uploaded on - 08/10/2024 ::: Downloaded on - 09/10/2024 01:09:55 ::: conpp6-2019 in pil71-2013-Final.doc coercive steps shall be taken against them.

40. List Public Interest Litigation No.71 of 2013 on 3rd December 2024.

41. The contempt petition stands disposed of in above terms.

    (AMIT BORKAR, J.)                             (CHIEF JUSTICE)




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