Pune: Legal Notice to PMC Over Negligence, Breach, and Contempt in Road Maintenance

Pune, August 13, 2025: A legal notice has been served to the Pune Municipal Corporation (PMC) over alleged statutory breaches, negligence, and wilful disobedience of binding judicial directions issued by the Hon’ble Bombay High Court in its order dated 06 February 2025 in Public Interest Litigation (PIL) No. 88 of 2023. The notice accuses PMC of failing to maintain city roads in good condition, free of potholes and hazards, in violation of its statutory duty under Section 63(18) of the Maharashtra Municipal Corporations Act, 1949, and in breach of the constitutional right to life under Article 21.

According to the notice, the High Court had recorded PMC’s solemn undertakings to implement the recommendations of the Standing Technical Advisory Committee (STAC) and the Road Development and Road Maintenance Committee (RDRMC), adhere to technical norms, ensure defect-free road surfaces, and guarantee road safety. Despite these commitments, PMC is alleged to have failed to take effective action, with hazardous road conditions persisting across Pune.

The matter has gained urgency after a recent fatal accident in which an elderly citizen lost control of his two-wheeler due to a visible road gap and was subsequently run over. The notice, issued on behalf of Petitioner No. 1, Ms. Qaneez-E-Fatemah Sukhrani, details repeated communications to PMC highlighting defects, poor repair quality, and administrative failures:

• 18 May 2025: Sukhrani reported unauthorised trenching and digging works by private contractors.
• 24 May 2025: She sought details about 724 potholes reportedly being repaired.
• 10 July 2025: An email titled “Important to Take Note of Ground Reality Faced on Roads in Absence of Repairs / After Repairs” documented multiple defects, including unrepaired potholes persisting for over a month, poor-quality repairs, use of substandard materials, and non-compliance with RDRMC instructions.
• 30 July – 4 August 2025: Multiple requests were made to convene an RDRMC meeting, noting the poor condition of roads during the monsoon. The notice points out that RDRMC meetings have been irregular despite High Court directions, with only six meetings held since April 2024.
• 1 & 5 August 2025: After the fatal accident, Ms. Sukhrani wrote that PMC could be liable for culpable homicide due to its neglect.
• 9 August 2025: An email titled “If Jangli Maharaj Road Can Survive 48 Years Without a Single Pothole or Crack…” questioned why PMC fails to replicate such durability, criticising its lowest-bidder tender system and lack of quality assurance.

The notice lists systemic deficiencies, including:

1. Absence of Standard Operating Procedures (SOPs):
No formal SOP exists to ensure proper maintenance and repair accountability. The notice demands SOPs defining the responsibility of every engineering rank and contractors, enabling pinpoint audits.

2. Lack of Clarity on Third-Party Audits:
While PMC has made third-party audits mandatory for works above ₹5 lakh through Engineers India Limited (EIL), there is no defined process for road maintenance and repairs identified in such audits.

3. Ineffective Grievance Redressal:
The earlier list of 54 complaint officers failed, and the new PMC Road Mitra app launched in July 2025 is allegedly non-functional, with technical errors preventing GPS-tagged photo uploads.

4. Delayed Implementation of ‘Rasta Dattak Yojana’:
Although recommended in 2016 to ensure regular physical inspections and road upkeep, the initiative was only partially implemented in July 2025 in Zone No. 1, with a call for citywide adoption.

The notice asserts that PMC’s inaction constitutes:

• Breach of statutory duty under Section 63(18) of the MMC Act.
• Violation of the Bombay High Court’s order dated 06.02.2025 in PIL 88/2023.
• Prima facie contempt of court for wilful disobedience of undertakings.
• Negligence under civil and criminal law, especially in cases resulting in fatalities.

Demands in the Notice:
PMC has been given 30 days to remove all hazardous road conditions, prioritising the fatal accident site, and to submit a detailed Action Taken Report including:

1. Details of remedial measures at hazardous locations.
2. Before-and-after dated, geo-tagged photographs.
3. Independent quality certification by EIL.
4. Status of implementing STAC and RDRMC recommendations, along with the petitioner’s proposals.
5. Details of disciplinary and contractual action against erring officers and contractors.

Failure to comply will result in contempt proceedings before the Bombay High Court, with petitioners seeking to fix personal liability on PMC officials and contractors for damages and compensation. The notice emphasises that any legal proceedings will be entirely at PMC’s risk for costs and consequences.

Enclosures include multiple email communications from Ms. Sukhrani, copies of relevant High Court orders, and photographic evidence of poor road conditions.