Mumbai: The Bombay high court on Friday directed the state government and Brihanmumbai Municipal Corporation (BMC) to respond to a PIL filed following the death of Dr Deepak Amarapurkar, who had fallen into an open manhole during Tuesday’s deluge while returning home from work.
The court, however, refused to entertain two prayers made in the PIL, which was filed by the Federation of Retail Traders Welfare Association.
One prayer sought direction for registering of an FIR for causing death by negligence against the state, urban development department and Municipal Corporation of Greater Mumbai (MCGM) and others.
The court said that if the petitioners saw the crime they, should file a complaint. “There is no need for court to hear a PIL on that,” the court said. The other prayer was that compensation be paid to any NGO working for welfare of Mumbai. The court said if the family feels, they could take appropriate legal remedy for seeking compensation and this prayer could not be part of public interest.
The division bench of Chief Justice Manjula Chellur and Justice N.M. Jamdar was hearing the PIL, filed through advocate Ashish Mehta, which highlighted the plight of citizens facing water-logging at various places.
It sought relief including proper protocol and implementation of practical solutions to avoid such calamities in the future.
The Chief Justice told the petitioner that though the court was pained by the death of the doctor, it could not become emotional and the prayer for registration of FIR and compensation could not be entertained.
The bench said that it could consider prayers about safety concerns over uncovered potholes and manholes.
The association in its petition has sought that the HC form an ‘advisory committee’ of renowned ex-bureaucrats and technocrats for carrying out a detailed inspection of all the manholes currently existing in the city of Mumbai and suggesting ways and means for streamlining the working and operations of the manholes.
According to petition, the BMC did not put any sign for people to understand there was open manhole. The petition demanded that iron grills should be placed on every manhole on a war footing so that even if they are open they do not pose danger to the public.
The court has posted this petition for hearing in two weeks’ time.
