"Can't Be So Helpless": Court To MLA Seeking Direction To Repair Flyover

The Delhi High Court on Monday said a member of the legislative assembly (MLA) approaching it to resolve an issue with the public authorities was not a good reflection on the government. A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela made the observation while hearing a PIL by MLA Jitendra Mahajan seeking a direction to the Delhi government and its departments to repair and reopen a flyover near Nathu Colony Chowk in the national capital.

"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," it remarked.

The court granted time to the counsel for the authorities to seek instructions on the plea, but remarked the MLA should raise the issue in the assembly or explore other alternatives.

"He can't be so helpless. People come to him with a lot of expectations. You have many options. Raise it in the house. 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," said the bench.

Senior advocate Kirti Uppal, appearing for the lawmaker from Rohtas Nagar assembly constituency, urged the court to see his "frustration" and said despite raising the issue with the authorities, no action had been taken.

"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," said the bench.

The counsel representing the authorities said the matter was pending in an arbitration proceeding but the bench orally remarked the authorities should repair the bridge and claim the expenses in the proceedings.

"You can't allow the bridge to collapse," it said.

The PIL filed through lawyers Neeraj, Satya Ranjan and K K Mishra, the lawmaker said a tender was floated by the Delhi Tourism and Transportation Development Corporation 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 the public works department and the corporation were yet to rectify it, the plea argued.

The petitioner lamented the closing of the flyover for heavy vehicles for the last two years saying it had inconvenienced the public.

"The defects in the flyover were visible since 2015 and both respondents 3 and 4 (corporation and the builder) were made aware of the defects. 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," the petition claimed.

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

The matter would be heard next in November. 

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