NEW DELHI: The Delhi high court on Tuesday reprimanded officials regarding the poor condition of a flyover built near Nathu Colony Chowk less than ten years ago and suggested a CBI investigation, after a PIL was filed by BJP MLA Jitendra Mahajan requesting the Delhi government, PWD and TTDC to repair and reopen the Nathu Colony Chowk flyover.
A bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela said that despite structural concerns, no internal investigation was conducted, and a pending report since 2021 indicated possible concealment of corruption.
“You hired the consultant in 2021. We are in November 2024. Why has this report not come from them? Have you handed over the matter to the CBI or someone? This is the sort of construction which has taken place. Who are the people involved in this 2015 scam? Please tell us. This matter needs to be investigated,” the bench said.
Additionally, the court said that the CBI would identify those responsible, stating that authorities failed to conduct internal assessments.
The bench questioned the Delhi government counsel about the structural weakness of a relatively new flyover, comparing it to structures from the 1980s that remain operational.
“How can you have such a weak structure? This is not even 10 years old. Can a flyover like this, where you would have spent crores, come tumbling down? All flyovers constructed in 1980s are still functional today. And your construction in 2015 is in shambles. It does not take a magician to understand why these flyovers are tumbling. You have to order some investigation in this matter,” the court said.
The court expressed serious concerns about public safety and questioned the authorities’ response to the structural defects. They criticised the solution of restricting heavy traffic on the flyover.
The bench further said the absence of internal inquiries and questioned the issuance of completion certificates, highlighting the destruction of evidence.
On November 25, the court had shown dissatisfaction regarding funding disagreements between PWD and TTDC concerning repairs.
PWD representatives argued that TTDC, having constructed the flyover in 2015, should handle repairs. TTDC countered that they awaited PWD funds, including Rs 8 crore owed to the initial contractor.
During Tuesday’s proceedings, the Delhi government counsel confirmed the resolution of the dispute.
The next hearing was scheduled for December 3.
The PIL, filed through lawyers Neeraj, Satya Ranjan and K K Mishra, detailed that TTDC had initiated tenders for road bridges near Nathu Colony Chowk, with project completion in 2016.
The petition highlighted ongoing construction defects unaddressed by PWD and the corporation, noting public inconvenience due to heavy vehicle restrictions for two years.
“The defects in the flyover were visible since the year 2015 and both the respondent number 3 and 4 (corporation and the builder) were made aware about the said defects. There is an inordinate delay in rectifying these defects and till date no action has been taken to ensure the safety of the public at large,” the petition said.
