MUMBAI: The Bombay High Court on Friday issued a notice to the Brihanmumbai Municipal Corporation (BMC) over the death of Dr Deepak Amrapurkar and asked it to reply within two weeks, following which the BMC ordered a one-member inquiry committee to investigate the matter and submit its report in 15 days.
The Federation of Retail Traders Welfare Association (FRTWA) had filed a public interest litigation contending that an offence be registered against the BMC under IPC section 304-A that deals with death on account of negligence and the local body be asked to pay a compensation of `50 lakh to a charitable organisation.
The bench said that matters like these cannot be considered in a PIL and the relatives of the doctor should file a separate plea or complaint before the correct forum.
The court said it can consider prayers drawing attention to safety concerns over potholes and manholes and directed the Maharashtra government and the BMC to file affidavits responding to these issue within two weeks.
Dr Amarapurkar, a well-known gastroenterologist working with the Bombay Hospital, had gone missing after Tuesday’s heavy downpour. His body was found on Thursday at Worli seashore. According to eyewitnesses, Amarapurkar fell into a manhole in a flooded street at Lower Parel on Tuesday. A missing complaint was lodged and a search operation was initiated.
The FRTWA, in its plea, had suggested that an advisory committee of ex-bureaucrats and technocrats be formed for carrying out an inspection of all manholes in the city and to help form a policy to avoid such fatal incidents in future.
It was the legal duty of the BMC and the state to protect and safeguard such areas where work is in progress after taking into consideration the locality, the density of the population, the frequency of the visitors, and so on, the PIL said. It also contended that the corporation and the state are under a legal obligation to take care of and protect all citizens from accidents.
Meanwhile, BMC Commissioner Ajoy Mehta on Friday announced the formation of a one member inquiry committee of Additional Municipal Commissioner Vikram Singhal to investigate and submit a report in the death case of Dr Amarapurkar. The committee has been given 15 days time to submit its report, Mehta said.