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Protect people from open trenches: Bombay high court

The Bombay high court has directed the Brihanmumbai Municipal Corporation (BMC), to formulate a mechanism to ensure that people don’t injure themselves or die after falling into a trench.

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The Bombay high court has directed the Brihanmumbai Municipal Corporation (BMC), to formulate a mechanism to ensure that people don’t injure themselves or die after falling into a trench.

The court gave the directions to the civic body, during hearing a public interest litigation filed by a retired business man, Indur Chhugani seeking criminal action against BMC officials and contractors who dig up roads and leave open trenches which are a hazard.

A division bench of Justice Ranjana Desai and Justice RG Ketkar, in their order said, “The BMC should come out with a policy for the future which could include survey of roads and putting up barricades around the pit so that no untoward incident occurs in the future.” The BMC has been told to file the affidavit before the court on June 22.

On January 5, Marriamma Naidu, 60, who went to bring milk in the morning, fell in a pit dug up by the corporation for the repair of storm water drain and died. The pit was dug up to replace the underground Storm Water Drain (SWD) line in Wadala.

After the police held the contractors guilty for the offense the high court had directed them to pay a compensation of Rs 50,000 to the legal heirs of the deceased. The contractors on Wednesday deposited a demand draft of the said amount with the courts registrar. The court directed the registrar to verify the identity of the legal heirs and distribute the amount among them.

Highlighting Naidu’s incident, the PIL had sought that the corporation should be directed to take every possible precaution on every road and construction work so that no person is injured.

The PIL states that on various roads in the city, trenches are dug up by the BMC and also various different authorities for purpose of laying water pipelines, sewerage work, etc.

However, the corporation fails to effectively supervise these works and there is no follow up. The trenches are left open and they are not covered properly, which makes them hazardous to citizens who use the roads.

The PIL goes on to add that sometimes action is taken against worker of the contractor, but the BMC engineers, who are primarily responsible for these deaths, escape with no action against them. “So they continue to do with such negligent acts which are criminal in nature,” the PIL contends.

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