Bombay High Court
Ruju R. Thakker vs State Of Maharashta And 11 Ors. ... on 26 June, 2023
Author: Nitin Jamdar
Bench: Nitin Jamdar
(1) CONPP-6.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO. 6 OF 2019
IN
PUBLIC INTEREST LITIGATION NO. 71 OF 2013
Ruju R. Thakker : Petitioner
V/s.
State of Maharashtra & Ors. : Respondents
Ms. Ruju Thakkar Petitioner-in-person present.
Mr. Dipesh Siroya, Amicus Curiae.
Mr. P.P. Kakade, Govt. Pleader a/w Mr. Abhay Patki Add. Govt. Pleader &
Mr. N. M. Mehta AGP for Respondent-State.
Mr. A.A. Garge for Respondent No.3.
Mr. Ajay Fernandes a/w Ms. N.D. Motiwalla i/by Motiwala & Co. for
Respondent No.7.
Mr. Prashant Chavan a/w Ms. Reshmarani Nathani for Respondent No.9.
Mr. Sachin Patil i/by I.M. Khairadi for Respondent No.25.
Mr. Abhijeet Kulkarni a/w Ms. Sweta Shah for Respondent/PMC.
Mr. Gaurav Ugale i/by Mr. Sriram Kulkarni for Respondent Nos.54 to 59.
Mr. Rohit Sakhadeo for Respondent No.20 in PIL 71/2013.
Mr. Mandar Limaye for Respondent/TMC.
Mr. A.Y. Sakhare, Senior Advocate a/w Ms. Oorja Dhond i/by Mr. S.K.
Sonawane for Respondent/BMC.
Ms. Bhavika Shinde a/w Mr. Umesh Mankapure for Respondent Nos. 181
& 324 in PIL 71/2013.
Mr. Abhijeet Adgule for Respondent No.26 in PIL 71/2013.
Mr. Ravindra S. Pachundkar for Respondent Nos. 335, 337, 334, 338,
332, 327 in PIL 71/2013.
Mr. R.V. Dighe i/by A.S. Rao for Respondent/KDMC.
Ms. Swati Sagvekar for Respondent/VVMC.
Ms. Shweta Vaidya i/by N.R. Bubna for Respondent No.11.
Ms. Aparna Vhatkar for MMRDA.
Mr. Tejas Deshmukh a/w Mr. Anshuman Deshmukh & Mr. S.S. Mohanty
lgc 1 of 9
::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 :::
(1) CONPP-6.19.doc
for Respondent Nos.282 and 285.
Mr. Shriram Kulkarni for Respondent Nos. 54, 55 to 59, 357 & 358.
Ms. Ruchi Nagda i/by Rupesh Bobade for Respondent No.321.
Mr. S.K. Tikhe Chief Engineer (Sewerage Operation) & Mr. Vijay
Jahagirdar Chief Engineer (Storm Water Drain) are present.
CORAM : NITIN JAMDAR, ACTING CJ. &
ARIF S. DOCTOR, J.
DATED : 26 JUNE 2023.
P.C. :
Heard Learned Counsel for the parties.
2. Pursuant to our earlier order a Meeting was held on 23 June 2023 chaired by the Municipal Commissioner. The following BMC Officials were present in the said meeting :-
Sr. No. Name of the Officials Designation
1 Shri P Velrasu A.M.C. (Project)
2 Shri Mahale D.M.C. (Infra)
3 Shri. Kandalkar D.M.C. (SE)
4 Shri Patgaonkar D.M.C. (E)
5 Shri Tikhe Ch. E. (S.O.)
6 Shri Jahagirdar Ch.E. (SWD)
7 Shri Bhat Dy. Ch. E. (SWD) (O&M)
8 Shri Shotri Dy.Ch.E.(SWD) E./Sub.
9 Shri Salvi Dy.Ch.E.(SO)(PMS) City
10 Shri Gite Dy.Ch.E. (SO)(PMS) Sub.
11. Shri Bhore Dy.Ch.E.(Roads)
12. Shri Sonawane Law Officer.
lgc 2 of 9
::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 :::
(1) CONPP-6.19.doc
3. Learned Counsel for the Municipal Corporation has placed the Minutes of Meeting on record which read thus :-
"After detailed discussion, the following directives were issued by Hon'ble M. C. sir to the BMC Officer.
1) BMC has to operate existing SOP for covering manholes with covers/lids. (Circular No.E-Office No.0069-14017 (18)/1/2014-SO dt. 08.03.2014).
2) The probable reasons for missing manhole covers/lids are as following
a) The antisocial elements steals the CI/DI manhole covers/frames which leads to the open manholes. Year wise data of replaced/stolen/repaired manhole covers/frames as follows :-
Sr.No. Year 2020 Year 2021 Year 2022 Jan. 2023 to May 2023 No. of replaced/stolen 458 564 836 332 robohole covers/frames No. of repaired 374 390 503 145 robohole covers/frames
b) Storm water drain has limited capacity. Therefore, during heavy rainfall there is water logging in flood prone areas. Under such situations, people from flooded area open manhole covers to recede storm water immediately which leads to the threat of falling into manhole resulting into accidents. As such, flood prone areas be provided with lgc 3 of 9 ::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 ::: (1) CONPP-6.19.doc adequate staff.
3) The missing / stolen manhole covers shall be fixed with new covers within 12 hrs. after identification but not more than 24 hrs.
4) BMC will inspect & check for missing manhole cover periodically through concerned Ward Level Staff and central agency. Wherever manhole top covers/lids are found to be not fixed / missing, these manholes shall be fixed with new covers / lids by ward offices within 12 hrs. after identification but not more than 24 hrs.
5) At many places, it has observed that the manholes covers/lids are stolen by anti-social elements. As soon as the missing cover is noticed/identified by ward/central agency teams, the BMC shall re-fix/install new cover/lid on manhole in any case not exceeding 24 hrs.
6) Periodical rounds along various roads are to be regularly undertaken by BMC teams to check presence of manhole safety covers/lids and also for identification of missing manhole covers and the missing covers shall be re-
fixed/installed within 12 hrs after identification.
7) The survey of manholes for missing covers shall be carried out by wards/central agencies within one week and the missing covers shall be re-fixed/installed within 24 hrs after identification.
8) Even after all efforts, if an unforeseen incident/mishap happen the immediate medical aids will be given to the affected in nearby BMC hospitals or dispensaries.
9) The public awareness notice shall be given in local newspapers regarding safety of manholes, "No person other than authorized person of BMC lgc 4 of 9 ::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 ::: (1) CONPP-6.19.doc shall open / remove the manhole Covers / Frames / Protective Grills / allied utilities otherwise strict action will be taken under section 304, 304A, 308, 336, 337 and 338 of Indian Penal Code."
10) The citizen/public shall inform to concerned ward office regarding missing manhole covers telephonically / personally to Ward Control Rooms / Disaster Management Control Rooms.
11) All the police station shall be informed to file FIR by Asst. Engineer (Main. / SWM) of concerned wards.
12) Notice in Newspapers/press note shall be issued that "All the scrap dealers are hereby directed to not to purchase the scrap related to manhole Covers / Frames / Protective Grills / allied accessories from any anti-social elements otherwise strict action will be taken under respective sections of Indian Penal Code on scrap dealers found purchasing such manhole Covers / Frames / Protective Grills / allied accessories."
13) Possible flooding locations shall be covered with strong protective grills.
14) All other locations shall be covered by cost effective grills at the earliest through ward agencies by inviting tenders at ward level during October to June period. The necessary design and specifications for the same will be finalized by central agency."
4. Learned Counsel states that the Municipal Corporation has to operate existing SOP covering manholes with covers/lids pursuant to Circular dated 8 June 2014. Learned Counsel submits that the principal reason for missing the manhole covers/lids, primarily, is a theft of manhole covers and lgc 5 of 9 ::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 ::: (1) CONPP-6.19.doc frames. Year wise data of replaced/stolen/repaired manhole covers/frames is referred to in the minutes of meeting.
5. On the last date we had indicated two aspects of the problems i.e. first layer which covers manholes with lid primarily made of metal, and secondly a precautionary measure in case top lid is missing and/or stolen. Learned Counsel for the Municipal Corporation had taken time to inform this Court about the permanent second layer precautionary measure, because the Municipal Corporation had given an estimate of one year for second protective layer which we prima facie opined that is a long period and temporary measures can be devised. Learned Counsel for the Municipal Corporation states that all possible flooding locations will be covered with strong protective grills from the top cover, and as regards all other locations, procedure in respect of covering effective grills will be processed, and even for temporary measure, the Municipal Corporation will have to invite tenders.
6. As to the top layer lids of the manholes is concerned, Learned Counsel for the Municipal Corporation on instructions of officers present viz. Mr. S. K. Tikhe, Chief Engineer (Sewerage Operation) and Mr. Vijay Jahagirdar, Chief Engineer (Storm Water Drain) states that all manholes in City of Mumbai at present have a top layer.
7. Upon our query, whether further time is required to cover all manholes before a statement is made, it was categorically informed by Learned Counsel for the Municipal Corporation, on the instructions of aforesaid officers, that at present the manholes in the City of Mumbai, where mishaps can take lgc 6 of 9 ::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 ::: (1) CONPP-6.19.doc place, have been covered.
8. In view these categorized assertions, we proceed on that basis.
9. Learned Counsel for the Municipal Corporation submits that if the manhole covers/lids are missing and/or stolen, a back-up plan will be activated whereby missing covers shall be re-fixed/installed within 12 hours after identification and one employee till the replacement of such missing covers will be deputed, as also the open manholes will be barricaded and fixed with lights.
10. As regards this statement, we defer the hearing of this Contempt Petition till 24th July 2023, to be shown at 2.30 pm. so that the statements made before us can be monitored.
11. The Petitioner in person and the Learned Counsel appearing for the parties including the Learned Counsel for the Municipal Corporation agree before us that primary cause of open manholes is the theft of covers/lids made of metal. The Minutes of Meeting refers to the public awareness campaign where notice would be given so that no person other than authorized persons of the Municipal Corporation shall open/remove the manhole covers, otherwise strict action will be taken under Sections 304, 304A, 308, 336, 337 and 338 of the Indian Penal Code. The Minutes of Meeting also refers that notice in newspapers shall be issued directing the scrap dealers not to purchase the scrap related to manhole covers/frames/protective grills/allied accessories from any anti-social elements. If the covers/lids are stolen, as being put before us, which is a theft of public property, the Municipal Corporation should take an action lgc 7 of 9 ::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 ::: (1) CONPP-6.19.doc regarding the same, which we are informed now that the Municipal Corporation will take.
12. Learned Government Pleader states that if an FIR/Complaint is filed/lodged, the same would be taken to its logical end by the concerned Police Officer diligently. It is also open to the citizens, if they find that the protective covers/frames/grills are stolen, to put criminal law in motion. According to us deterrent action is necessary in respect of those who purchase the scrap related to the manhole covers/lids and that is the root of the problem as is agreed before us. The Police Authorities will initiate necessary action regarding illegal purchase of scrap relating to the manholes, as it constitutes an offence, not only restricted to the complaint in respect of individual missing manholes. Learned Government Pleader states that the Police Authorities would accordingly be instructed.
13. The Petitioner in person also suggests that since the traffic police have been stationed, and if they find that any manhole cover/lid is missing, they can also inform the Municipal Authorities so that any untoward incident can be avoided.
14. Learned Government Pleader states that instructions will be taken whether such directions would be issued to the traffic police to coordinate with the Municipal Corporation.
15. The Municipal Corporation would put before us the data regarding lgc 8 of 9 ::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 ::: (1) CONPP-6.19.doc the Complaint/FIR if already filed, and the Police Authorities would also place before us the action initiated therefrom.
16. A grievance is made before us that the mobile phone App of the Municipal Corporation, which was started by the Municipal Corporation pursuant to the order of this Court, is not functional. Learned Counsel for the Municipal Corporation states that the said App is functional. The Municipal Corporation would give status of the complaint as to whether the issue is resolved or not as per the order of this Court dated 24 February and 12 April 2018.
17. The Municipal Corporation will give wide publicity to the initiatives taken by it as referred to in the Minutes of Meeting and Reply Affidavit to address the issue, in the widely circulated newspapers in English, Hindi, Urdu, Marathi, Gujarati as also on the social media.
(ARIF S. DOCTOR, J.) (ACTING CHIEF JUSTICE)
lgc 9 of 9
::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 14:33:48 :::