NEW DELHI: The Delhi High Court on Tuesday sternly rebuked officials over the deplorable condition of a flyover constructed near Nathu Colony Chowk less than a decade ago and suggested a comprehensive CBI investigation into the matter. This development came after BJP MLA Jitendra Mahajan filed a Public Interest Litigation (PIL) requesting the Delhi government, Public Works Department (PWD), and Tourism, Transport and Civil Aviation Department (TTDC) to undertake immediate repairs and reopen the Nathu Colony Chowk flyover.
A bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela expressed extreme dissatisfaction, highlighting that despite structural concerns, no internal investigation was conducted to identify the root cause of the problem. Moreover, a pending report from 2021 indicated potential concealment of corruption, sparking concerns about the integrity of the project.
The bench demanded answers from the authorities, inquiring about the status of the consultant’s report, which was hired in 2021. “You appointed a consultant in 2021, and now it’s November 2024. What is the reason behind the inordinate delay in submitting the report? Have you handed over the matter to the CBI or any other investigative agency? This is the sort of subpar construction we are dealing with. It is imperative that we identify the individuals responsible for this fiasco in 2015. Please provide us with the necessary information. A thorough investigation into this matter is the need of the hour,” the bench emphasized.
The court also suggested that the CBI take over the investigation to identify those responsible, as the authorities had failed to conduct internal assessments. “It is the responsibility of the authorities to conduct internal inquiries, but unfortunately, that has not been the case. Hence, we believe it is essential to involve the CBI in this matter to ensure a fair and unbiased investigation,” the bench added.
During the proceedings, the court questioned the Delhi government counsel about the structural weakness of the relatively new flyover, drawing comparisons with structures from the 1980s that remain operational. “How can a flyover, which is less than a decade old, exhibit such weakness? It defies logic that a structure where crores of rupees were invested can deteriorate at such a rapid pace. Flyovers constructed in the 1980s are still functional today, while the one built in 2015 is in shambles. It doesn’t require exceptional intelligence to comprehend the reasons behind this. It is imperative that we order an investigation into this matter to ensure public safety,” the court stated.
The bench expressed severe concerns about public safety and questioned the authorities’ response to the structural defects. They criticized the decision to restrict heavy traffic on the flyover, labeling it as an inadequate solution. “By restricting heavy traffic on the flyover, you are merely treating the symptoms rather than addressing the root cause of the problem. It is essential to identify the underlying issues and rectify them to ensure public safety,” the bench said.
The court further pointed out the absence of internal inquiries and questioned the issuance of completion certificates, highlighting the destruction of evidence. “The lack of internal inquiries and the issuance of completion certificates without proper scrutiny has led to the destruction of evidence. This lack of transparency and accountability is unacceptable and warrants a thorough investigation,” the bench added.
On November 25, the court had expressed dissatisfaction with the funding disagreements between PWD and TTDC concerning repairs. PWD representatives argued that TTDC, having constructed the flyover in 2015, should handle repairs, while TTDC countered that they awaited PWD funds, including Rs 8 crore owed to the initial contractor.
However, during Tuesday’s proceedings, the Delhi government counsel confirmed that the dispute had been resolved. The next hearing in the matter 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 that had not been addressed by PWD and the corporation, noting public inconvenience due to heavy vehicle restrictions for two years. “The defects in the flyover were apparent since 2015, and both the respondent number 3 and 4 (corporation and the builder) were informed about these defects. Despite this, there has been an inordinate delay in rectifying these defects, and no action has been taken to ensure public safety,” the petition stated.
