Delhi HC Slams State Departments Over Flyover Repair Dispute

The Delhi High Court on Monday expressed concern over a fund dispute between 2 wings of the Delhi government regarding repairs to a flyover near Nathu Colony Chowk.

The bench, consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela, questioned which department would take responsibility if the flyover were to collapse, given its structural defects.

The court emphasized the importance of public safety, stating, “Once you are admitting this is unsafe for the public, where is the question of any finance or technical issue coming in this matter? Safety is paramount. Human lives are most important.”

The case stemmed from a PIL filed by BJP MLA Jitendra Mahajan, who sought a directive for the Delhi government, the Public Works Department (PWD), and the Tourism and Transportation Development Corporation (TTDC) to repair and reopen the flyover. The PWD’s counsel argued that TTDC, which built the flyover in 2015, should take responsibility for repairs.

However, TTDC’s counsel countered that it was reliant on PWD for funding and claimed that Rs.8 crore owed to the initial contractor had not been paid by PWD.

The bench was baffled by the conflict between the two government agencies, especially since both admitted the flyover was unsafe. It remarked, “It doesn’t matter whether the money comes from one pocket or the other; it will ultimately be borne by GNCTD. So why this dispute and delay?”

Senior Advocate Kirti Uppal, representing Mahajan, argued that the back-and-forth between departments was causing unnecessary delays and public inconvenience.

The court responded, “It seems the Delhi government has no money to spend on infrastructure,” further criticizing the government’s reluctance to allocate funds for infrastructure development, including incomplete hospitals and unpaid workers.

The bench pointed out, “People are being put to so much inconvenience, yet the government is not releasing the money.” It also expressed frustration, noting, “Every matter, at the pain of contempt, we get money. It is very unfortunate.”

Mahajan’s PIL highlighted that the flyover, constructed as part of a road project in 2016, showed defects soon after completion. Despite being informed about the issues, the PWD and TTDC had failed to address the safety concerns, leading to the flyover’s closure to heavy vehicles for the past two years.

The petition called for immediate repairs and the reopening of the flyover to alleviate public inconvenience.

The case will be heard again on November 26.

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