BMC to Bombay HC regarding open manholes: The Bombay High Court expressed appreciation for the work being done by the Mumbai civic body to cover open manholes, but added that the authority will be held accountable in the event of any untoward incident.
A group of public interest litigations involving potholes and open manholes were being heard by the bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja. The bench expressed its worry for the problem of open manholes throughout the city and requested that the BMC (Brihanmumbai Municipal Corporation) find a long-term solution.
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If harm is caused to anyone, we will hold you responsible.
Anil Sakhare, a counsel for the BMC, assured the court on Wednesday that work was on to plug all open manholes and that the problem was being handled on a “war-footing.” Then, Chief Justice Datta responded, “Good you (BMC) are working, but till then, if harm is caused to anyone, we will hold you responsible. We appreciate the BMC, but what happens if someone falls down an open manhole?”
In such responsible, the Chief Justice continued, “In such a situation, we won’t ask the aggrieved person to initiate a civil suit (for compensation)… we will say that your officers are responsible.”
The bench recommended that the BMC use current technology to create a system that would warn the appropriate officer the instant a manhole lid is removed. The bench began by inquiring as to how the BMC determines if a manhole is open.
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2 methods to find out: visual inspection and by citizen alerts
According to Sakhre, there are only two methods to find out: through visual inspection and by citizen alerts or complaints to the local government.
The Chief Justice then said, “In this modern day of science and technology, can’t we think of something else? Why don’t you (BMC) devise something by which you come to know if someone even touches the manhole cover? Then a beep goes off in your office. Why don’t you come up with something like a sensor?” the court remarked.
Iron grills should be used below the manhole cover, the bench further advised. “You need to have a progressive mindset. You have to do it. We must stop merely stating the obvious “said the bench. The bench continued, “There needs to be some kind of standard operating method to deal with the open manhole issue.”
“A solution has to be provided by you. What would be the appropriate solution to this? You tell us. We need permanent measures,” the bench stated as it adjourned further petition hearings until December 19.
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