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2025 DIGILAW 1572 (BOM)

High Court on its own Motion v. State of Maharashtra

2025-12-15

REVATI MOHITE DERE, SANDESH D.PATIL

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JUDGMENT : 1. Learned counsel appearing for the Respondent No.5 - Navi Mumbai Municipal Corporation has tendered an affidavit in reply of the said Respondent dated 1 st December, 2025. The same is taken on record. In the said affidavit, the Respondent No.5 has stated that they have not received any complaint regarding the death/injury to any person. 2. Learned counsel appearing for the Respondent No.8 – Mumbai Port Trust has also tendered an affidavit of Shri Vilas Kolhe, Deputy Chief Engineer (Roads), Mumbai dated 15 th December, 2025. The said affidavit is also taken on record. 3. Mr.Chandurkar, learned Addl.GP has also tendered a copy of the Government Resolution dated 11 th December, 2025. The said Government Resolution has been issued by the Rural Development Department, pursuant to the order dated 13 th October, 2025. The said GR is taken on record. 4. Learned counsel appearing for the Respondent - Vasai- Virar City Municipal Corporation has also tendered an affidavit of Shri Dipak Sawant, Additional Municipal Commissioner of the said Respondent dated 19 th November, 2025. The said affidavit is also taken on record. From the said affidavit, it appears that the Committee as directed, is constituted and that the Committee has not received any complaints till date. It is further stated in paragraph 4 of the said affidavit that work order has been issued for filling of potholes on 31 st October, 2025. 5. Learned counsel appearing for the Respondent – Bhiwandi Nizampur City Municipal Corporation has also tendered an affidavit of Mr.Jameel M.Patel, City Engineer of the said Respondent dated 10 th December, 2025. As per the said affidavit, the said Corporation has received two complaints, both of which have been placed before the Committee so constituted pursuant to the order passed by this Court. It is submitted that the proceedings are ongoing and that the Corporation will extend full co-operation in the enquiry process. It is further stated that the Corporation has also taken prompt action regarding road maintenance within its jurisdiction and that all potholes identified in the vicinity are being regularly filled on priority basis. It is further stated that damaged chambers / inspection chambers in the vicinity are being replaced with new, structurally safe chambers. The said affidavit is also taken on record. 6. It is further stated that damaged chambers / inspection chambers in the vicinity are being replaced with new, structurally safe chambers. The said affidavit is also taken on record. 6. Mr.Limaye has tendered a photocopy of the public notice to create awareness among the public with respect to the formation of the Committee, as directed by this Court. He submits that the said notice has been published in daily news paper Loksatta on 13 th December, 2025. He has tendered copy of pubic notice dated 13.12.2025. The same is taken on record. Mr.Limaye has further tendered a letter dated 13 th December, 2025. The said letter is also taken on record. From the said letter it appears that with respect to one death that has taken place due to potholes, the meeting is schedule tomorrow. 7. As far as Mumbai Municipal Corporation is concerned, Mr.Sakhare, learned Senior Counsel submits that with respect to the alleged potholes is concerned, the Committee has been constituted and the report will be submitted on the next date. The said enquiry report to be placed before us on the next date by the Thane Municipal Corporation, Bhiwandi Nizampur City Municipal Corporation and Mumbai Municipal Corporation. 8. Stand over to 7 th January, 2026.