1. STATUS OF POTHOLE
DEATHS IN INDIA
Table of Contents
Index of Authorities …………………………………... 1
Acknowledgement …………………………………… 2
Declaration …………………………………………… 2
Abstract ……………………………………………….. 4
Issues faced by people due to pothole ……………… 5
Constitutional Provisions ………......………………… 8
Judicial Interpretation …………………………………. 8
2. suggestions and conclusion ....................…………….. 12
Acknowledgement
It was an immense opportunity for me to prepare a research paper
on the topic “STATUS OF POTHOLE DEATHS IN INDIA ”.
Firstly, I would like to thank JNSS LEGAL CELL for providing
me such an opportunity.
Declaration
I hereby declare that this research paper on the topic “STATUS
OF POTHOLE DEATHS IN INDIa is outcome of my own
efforts.
MAHIMA TANWAR
Abstract
potholesis depression or hollowin a road surface
The Road plays and important role in everyone's life but
we cant't declinethe truth or fact of accident happeningon
road by potholes.every year there is a headline related to
pothole deaths specially in india Every year around 3,597
people die due to potholes. More than 30% of people die
due to potholes. The Ministry of Road Transport and
Highways provided figures that over 9300 deaths, 25000
3. injured in thelast threeyears dueto potholesand morethan
25,000peopleare getting injured due to potholes. But still,
it is not taken as a serious issue in India and after that the
maintenanceof roads are not doneand theblame comes on
victims or drivers that accident held due to negligence of
drivers and victims .
Issues faced by people due to pothole
There are many issues that people face in their daily life
which is threat to life and damage the vechile and due to
potholes and all of us facing problem while driving by
which many people died and get injured and no one can
compensate a life in any other manner , people lost there
family members which can't be compensate .
4. Constitutional Provisions:
Article 21 talks about right to life or personal liberty.
Every person has the right to live with pothole-free roads
and it is a “fundamental right of each citizen”.
Article 38 obligates the state to make laws to protect
and promote the social order and welfare of people.
Judicial Interpretation
HIGH COURT ON ITS OWN MOTION
V.STATE
OF MAHARASHTRA AND OTHERS
1. The various issues relating to potholes
which endangers life of peopleand disturbs
smooth movementof traffic particularly
during rainy season were discussed today.
2. The Intervenor-in-person has placed on
record copy of Apex Court order dated 6
December, 2018 in Writ Petition (Civil) No.
295/2012.
5. 3. The learned Counsel appearing for Cor-
poration assures to inform the Court re-
garding steps taken on the following issues
discussed today:-
(a) Whether a Single authority could be con-stituted for
receiving representations/complaintsand monitoring
the condition of potholesin the cities.
(b) the preparednessto utilise scientific
methods, Google mapping,
satllteima-
ging by the Corporationand other
authorities.
(c) involvement of local elected represent-
atives and Ward Officers in the process for
getting information and passing it to the au-
thorities concerned.
(d) Sign Boards, electronicboards, mobile
electronicsignboards at specific locations
6. where there is alarming danger of potholes.
(e) employing more number of mobile med-
ical vans at strategic locationsduring rainy
season for providing 24x7 help to persons
getting injured due to bad condition of
roads and potholes.
4. The learned Counsel appearing for Cor-
poration
would accordingly take instructions and inform this Court
on the next date.
The appropriatescientific plan for the rainy
season of 2019 to tackle the perennial
potholesrelated issue and bad road condi-
tions shall also be prepared accordingly.
List the matter for ‘'compliance' on 14th
January,2019.
5. The Registry is directed to forward copy
of this order to the Principal Secretary,
7. Urban Development Department and Com-
missioner, Mumbai Municipal Corporation
by fastest mode of communication,
6. The Urban Development Department of
the State to be in touch with these authorit-
ies and issue appropriateinstructions.
(This case is referred by casemine)
Suggestions and conclusion
1. There Should Be Speedy Process Of Hearing And
Decision Making That OtherPeopleDon'T Face The Same
Problem.
2. Strict Laws ShouldBe Made
3. An Effective Online Portal Should Made Where People
Can Complaint and Immediate Action Should Be Taken
For The Same
4. Aim To Strengthen The Law For Road.
8. 5.Strict Rules And Regulations For The Department And
The One Who Doesn'T Do The Work Or Do Negligence
Should Get Strict Punishment For The Same .
6. Using stronger materials which can handle more traffic
and lessen the chances of creating new potholes.
7. Another solution to fixing our pothole problemis to fix
them correctlythe first time. if you fill in a potholein the
right way the first time you will be saving money and
pleasing the community.
