'Safety paramount': Delhi HC unhappy over dispute between state departments over flyover repair

New Delhi, Nov 25 (PTI) The Delhi High Court on Monday expressed displeasure over a fund "dispute" between two wings of the state government in relation to a flyover's repairs.

A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela remarked whether the fund was provided by Tourism and Transportation Development Corporation (TTDC) or the PWD, the burden ultimately had to be borne by the Delhi government.

The court wondered who would bear the liability in case the flyover collapsed.

"You are admitting there are structural defects in this flyover. Tomorrow if it collapses, who will be liable? If the flyover collapses in the meantime, who will be responsible? See this can't be like this," said the bench.

The court went on to add, "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 court was hearing a PIL by BJP MLA Jitendra Mahajan seeking a direction to the Delhi government and its PWD and the TTDC to repair and reopen the flyover near Nathu Colony Chowk.

The PWD counsel informed the bench since the initial construction was done by TTDC in 2015, the latter had to repair the flyover at the earliest.

TTDC counsel, on the other hand, said it was dependent on PWD for funds and a sum of Rs 8 crore was due and payable to the initial contractor which had not been paid by the PWD.

"This court is not able to understand why two wings of GNCTD are opposing each other, especially when it is an admitted fact that the flyover is unsafe to the public," the court remarked.

The bench said it did not matter whether the money came from "one pocket or the other".

It said, "It is ultimately going to be borne by GNCTD. So why this dispute and delay?" Senior advocate Kirti Uppal, appearing for the petitioner, said the two departments were shifting onus in the matter, ultimately causing inconvenience to the public.

The court said it seemed the Delhi government had no money to spend on infrastructure and asked the Delhi government standing counsel Santosh Kumar Tripathi to seek instructions in the matter.

"They hate to admit it but they have no money. They collect no taxes. They spend no money. They only give doles and freebies. So they have no money to spend on infrastructure or improving infrastructure.. Hospitals are 95 per cent complete and they are not sanctioning funds," it said.

People were being put to so much inconvenience that "they come and cry" at the government's shoulder but it was not able to "do much" as it was "not releasing the money", the bench said.

"Every matter, at the pain of contempt we get money. It is very unfortunate. It seems you have conveyed a clear impression to us that you have no money. The one-stop centres are not getting any payment. People don't get paid for seven-nine months. This is happening in case after case," it noted.

In the PIL filed through lawyers Neeraj, Satya Ranjan and K K Mishra, Mahajan said a tender was floated by the TTDC for a "road over bridge" and a "road under bridge" near Nathu Colony Chowk and the project was handed over in 2016.

However, "defects" were noted in the construction and till date, the PWD and the corporation, had not rectified them, the plea stated.

The petitioner lamented the closing of the flyover for heavy vehicles for the last two years and said it was causing inconvenience to the public.

"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.

The PIL, therefore, sought directions towards repair and reopening of the flyover.

The matter would be heard next on November 26. PTI ADS AMK