Yesterday, On 29th October, The High Court addressed BJP MLA Jitendra Mahajan’s plea for the Delhi government to repair and reopen a flyover near Nathu Colony Chowk. During the hearing, the court expressed concern over the situation, remarking that authorities “can’t be so helpless” in addressing infrastructure issues. Mahajan’s petition highlighted the urgent need for repairs to restore traffic flow in the area.
New Delhi: During a hearing on Monday, the Delhi High Court observed that an MLA turning to the judiciary for resolving issues with public authorities “was not a good reflection on the government.”
The bench, consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela, was responding to a petition by BJP MLA Jitendra Mahajan, who sought a directive for the Delhi government to repair and reopen a flyover near Nathu Colony Chowk.
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The court questioned,
“If MLAs start coming to court, what will happen? He should raise the issue in the legislative assembly… The man has to know how to raise an issue. He has to get everyone’s work done.”
The court granted time for government counsel to obtain instructions on the matter, adding that the MLA should pursue the issue within the assembly or explore other alternatives.
The Delhi High Court on Monday conveyed its concern over a legislative assembly member seeking judicial intervention for an infrastructure issue, remarking,
“He can’t be so helpless. People come to him with a lot of expectations… It is not a good reflection on the system; it is not a good reflection on this state government if the MLAs start coming to court.”
Senior advocate Kirti Uppal, representing Jitendra Mahajan from Rohtas Nagar, pointed to the lawmaker’s “frustration” over the lack of response from authorities despite multiple requests.
The bench responded,
“We can’t help him. He can raise the issue in public that money is not being spent… It is showing the system is not working.”
Addressing the counsel for the authorities, the court suggested that necessary repairs be made, adding,
“You can’t allow the bridge to collapse,”
While advising that costs could later be recovered through arbitration.
In a PIL filed by BJP MLA Jitendra Mahajan, through his lawyers Neeraj, Satya Ranjan, and K.K. Mishra, he stated that a project for a “road over bridge” and “road under bridge” near Nathu Colony Chowk was initiated by the Delhi Tourism and Transportation Development Corporation in 2016.
However, according to the petition, construction defects soon emerged, yet the public works department and the corporation had failed to address these issues.
The plea highlighted that the flyover has been closed to heavy vehicles for the past two years, causing significant inconvenience to the public.
The petition argued,
“The defects in the flyover were visible since 2015 and both respondents 3 and 4 (the corporation and the builder) were made aware… However, 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,”
Consequently, the PIL urged the court to mandate the repair and reopening of the flyover.
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