Blog: Perseverance = the Bridge between a Blog / E Mail and a Court Order.

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From Concept to Court Order: The Service-Liability Vision Becomes Reality

(24 Oct 2025)

“If P in HCP stands for Perseverance — this is what it means!”

Back in June 2019, I wrote a blog titled “Needed : a Service Liability Act”,

arguing that citizens deserve protection not just from defective products, but also

from defective public services.

Six years later, the Bombay High Court has acted — without waiting for

Parliament — and has effectively implemented several of those ideas through its

directive on pothole-related accidents.

I had called for a Service Liability Act to make public agencies legally

accountable for negligence, indecision, or delay.

Each case, I suggested, should be rated through a SLAM — Service Liability

Assessment Matrix that captured:

Coverage: whether the neglect hurt one person, a community, or the nation.
Cause: omission, abdication, or mala fide decisions.
Extent / Time / Impact: minor-to-severe, short-to-long, mild-to-heavy losses.
Citizen Interface: an online form or mobile app for feedback and tracking.
Accountability: recovery of damages and penalties from the guilty official.

In its landmark order, the Court:

Recognised the right to safe, motorable roads as part of the right to life.
Allowed citizens or victims’ families to claim compensation for deaths or
injuries due to potholes, uneven roads, or open man-holes.
Fixed standard compensation: ₹6 lakh for death; ₹50 000–₹2.5 lakh for
injuries (depending on severity), payable within eight weeks.
Directed that the ultimate liability be recovered from the responsible
engineer, contractor, or civic official — through salary deductions or forfeiture
of bills.
Ordered departmental and criminal action in cases of gross negligence.
Mandated a single-window complaint system (toll-free / app / web) and
monitoring committees.

2019 Proposal	2025 High Court Directive
Coverage: Individuals, communities, entire regions	Any person injured or family of deceased may claim
Cause: Negligence / abdication / mala fide decisions	Liability fixed on engineer / contractor / authority
Extent & Impact: SLAM matrix for severity, time, and economic loss	Fixed slabs for death/injury; strict payment timeline
Citizen Interface: Online complaint & rating system	Court-ordered single-window digital portal
Accountability: Financial recovery and punitive action	Recovery from erring officials; disciplinary & criminal penalties
Legal Structure: Proposed Service Liability Act	Judicially implemented in absence of legislation

This is how change happens — an idea proposed in 2019 transforms into judicial

reality in 2025.

It affirms that public service negligence can no longer hide behind red tape.

But the journey is not over:

The Court has applied this to roads; it must now extend to water, power,
waste, pollution, and building safety and umpteen other services
What began as a judicial order must evolve into a national law.
Citizens must learn to document, report, and demand accountability
using the new mechanism.

Hemen Parekh

www.HemenParekh.ai / www.IndiaAGI.ai / www.My-Teacher.in / 24 Oct 2025