Forcing Citizens To Wait For Bus Without Shelter In Extreme Weather Denies Dignified Life Under Article 21: Bombay High Court

If citizens are compelled to stand on road without proper shelter or seating, to wait for public transport like bus services, even during extreme weather conditions, the same violates their right to dignity as guaranteed by the Constitution of India, held the Bombay High Court while ordering the Nagpur Municipal Corporation (NMC) for providing proper bus stop infrastructure in the city and also basic amenities to the citizens. A division bench of Justice Anil Kilor and Justice Raj Wakode took suo motu congisance of a Marathi newspaper report, which highlighted the issue of lack of bus stop infrastructure, encroachment of bus stops and absence of basic passenger amenities in Nagpur city."In our considered opinion, the absence of basic infrastructure at bus stops is not merely an administrative lapse but reflects a failure of constitutional governance. When citizens are compelled to wait in extreme weather conditions without shelter or seating, the State effectively denies them a life of dignity guaranteed under Article 21. Municipal Corporations, being constitutionally empowered and statutorily obligated, cannot evade responsibility for ensuring minimum standards of public transport infrastructure," the judges held in the order passed on May 7.The judges noted that a large number of citizens, including students, senior citizens, daily wage workers, and office commuters depend on the city bus service for their daily transportation. "However, due to administrative negligence and lack of proper planning, the commuters are facing severe inconvenience and hardship," the bench remarked. The bench pointed out that one of the major and busiest road junctions in Nagpur city, is the stretch from Medical Square to Krida Square and from the Rashtrasant Tukadoji Maharaj Statue to Besa Road, and that this stretch does not have any 'designated' bus stand or proper bus stop facility. Although city buses regularly halt near a petrol pump situated close to Medical Square, the judges noted that passengers are compelled to wait on the roadside in all seasons throughout the year. "Despite the heavy footfall and continuous use of the location as a bus stopping point, the concerned municipal authorities have failed to provide even basic facilities such as a bus shelter, seating arrangement, or a signboard indicating a designated bus stop," the judges noted. Further, the bench noted that on the route between Sitabuldi and Besa Square, there is a city bus stop named "Swami Samartha Manewada Road Besa." However, the said bus stop is located at one extreme corner of the road due to which it is not easily visible or accessible to passengers and as a result, commuters do not use the bus stop and prefer to wait elsewhere on the roadside, the judges noted. "Taking advantage of this situation, various vendors, sellers, and vehicle owners have encroached upon the said bus stop and are using the place for activities completely unrelated to its intended purpose. Although the encroachment prevention squad of the Municipal Corporation and the City Traffic Police regularly undertake drives in certain areas of the city, no attention has been paid to this location and the encroachment continues unabated. Especially when there is a heat wave in Vidarbha region in the months of April and May, the necessity of a bus stop assumes a great importance for the commuters while they wait for the bus," the judges said. Thus, since the news article raised a 'serious issue' pertaining to the lack of bus stop infrastructure, encroachment of bus stops and absence of basic passenger amenities in Nagpur city the judges treatedthe news articles as Suo Motu Public Interest Litigation.Therefore, the bench ordered the Municipal Commissioner, Nagpur Municipal Corporation to look into the issue and conduct the necessary enquiry in order to take the steps essential for bus stop infrastructure and basis passenger amenities in Nagpur city.The Municipal Commissioner is further directed to submit action taken report within a period of four months to the Registrar (Judicial) of this Court.With these observations, the bench disposed of the suo motu PIL. Appearance: Additional Government Pleader SM Ukey represented the State.Case Title: Court On Its Own Motion vs State Of Maharashtra (Suo Motu PIL 25 of 2026)Citation: 2026 LiveLaw (Bom) 258Click Here To Read/Download Order

Forcing Citizens To Wait For Bus Without Shelter In Extreme Weather Denies Dignified Life Under Article 21: Bombay High Court

Narsi Benwal

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Forcing Citizens To Wait For Bus Without Shelter In Extreme Weather Denies Dignified Life Under Article 21: Bombay High Court

Narsi Benwal

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