Delhi bridge is tumbling down: HC says matter needs CBI probe

New Delhi: The Delhi High Court on Tuesday pulled up the city authorities for the "defective" state of a flyover constructed near Nathu Colony Chowk less than a decade ago and said the matter should be probed by the CBI.

A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela observed despite the "weak structure" there was neither any internal inquiry in the matter nor was anyone "bothered" about the fact that a report on the flyover was awaited since 2021, making it "clear" that someone was "trying to push corruption under the carpet".

"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.

The court emphasised the CBI would find out the persons behind the "mischief", while adding that the issue was that authorities were "not doing some internal soul searching".

The court was hearing a PIL by BJP MLA Jitendra Mahajan seeking a direction to the Delhi government and its PWD and the Tourism and Transportation Development Corporation (TTDC) to repair and reopen the flyover near Nathu Colony Chowk.

"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 bench told the Delhi government counsel.

The bench expressed concern with respect to public safety in case of a collapse and demanded steps taken by the authorities after defects in the structure came to light.

"Your solution is don't allow heavy traffic. What is this flyover meant for, bicycles? What are you doing? It is supposed to take care of traffic management and you have reduced it to bicycles and two wheelers or light vehicles, " remarked the court.

The bench went on to add, "You can't have a defective construction like this. Who gave the completion certificate? No internal inquiry till now. You allowed evidence to get destroyed." On November 25, the court expressed displeasure over a fund "dispute" between PWD and the TTDC in relation to the flyover's repairs.

The PWD counsel claimed as the initial construction was done by TTDC in 2015, the latter had to repair the flyover at the earliest. The TTDC, on the contrary, said it was dependent on the PWD for funds and a sum of Rs 8 crore was due and payable to the initial contractor which was not paid by the PWD.

During the course of the hearing on Tuesday, the Delhi government counsel said the dispute was "resolved".

The court posted the hearing on December 3.

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.