‘What is the price of human lives in city,’ HC asks BMC

A division bench of Justices Gautam S Patel and Kamal R Khata noted, “It seems to us inconceivable that a Municipal Corporation could have no responsibility or liability at all if it is demonstrated that an accident or a death has been caused due to negligence on the part of the Corporation concerned.”

The court referred to news reports on an incident wherein two young children aged 4 and five years were reported missing and were found dead on April 1. Their bodies were discovered in a water tank in a civic garden having no proper cover or lid. The news reports stated that police action was being taken against errant civic officers.

“These news reports raise a question of public law. What is the price of a human life in this city? Are the so-called “budgetary constraints” of the BMC an answer for a failure to provide minimal safety precautions during civic works? There will be issues regarding civic responsibility, questions of negligence and financial responsibility as well, not just for the individual officers of the BMC but also for the Corporation as a body.”

The bench also said that there will be larger questions pertaining to every local body throughout Maharashtra entrusted with carrying out and maintenance of civic works. The HC noted that incidentally, the Railways has a policy and a framework in place for compensation and has dedicated a tribunal for the said purpose.

Moreover, it said the transport division of Brihanmumbai Electric Supply & Transport (BEST) undertaking has a policy for accidental injury or death. However, it was inconceivable that the BMC did not have such a mechanism.

Initiating suo motu PIL, the bench issued notice to the BMC in the matter and said that at present stage it was not issuing notice to every other civic body in the state. Noting that the question of law will be much wider, the bench said it will issue notice to Advocate General Birendra Saraf representing the state, seeking his assistance in addressing the questions that arose. The plea will be heard in due course.