The Bombay High Court on Thursday said the Maharashtra government's endeavour to make every city 'smart' was commendable but it would only be possible when a city's roads, streets and footpaths were in a good condition and free of potholes. A division bench of justices A S Oka and P N Deshmukh said it was a citizen's fundamental right to have good roads, streets and footpaths and people could not be deprived of their rights. The remarks were made by the high court in its order after it took up the issue of rising number of potholes and poor condition of roads in Mumbai and other districts of Maharashtra, which was leading to death of motorists.