New Delhi: The Delhi High Court, while hearing a plea filed by a Member of the Legislative Agency (MLA) for repair and reopen a flyover near Nathu Colony Chowk in the city, said it was not a good reflection on the system if the MLA stats coming to court to resolve an issue with the public authorities.
A bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela said this while hearing a Public Interest Litigation (PIL) filed by MLA Jitendra Mahajan, who sought a direction to the Delhi government and its departments for repair and reopen a flyover near Nathu Colony Chowk.
If MLAs start coming to court, what will happen: Delhi HC
“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 bench said.
The bench further said that the MLA should raise the issue in the assembly or explore other alternatives.
It is not a good reflection on state government if the MLAs start coming to court: High Court
“He (MLA) 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,” the bench said.
Senior advocate Kirti Uppal, who appeared for the MLA, urged the bench to see his frustration, saying that despite raising the issue with the authorities concerned, 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,” the bench said.
The High Court granted time to the counsel representing the authorities to seek instructions on the plea.
The counsel representing the authorities told the bench during the hearing that the matter was pending in an arbitration proceeding, however, the bench said that they should repair the bridge and claim the expenses in the proceedings.
“You can’t allow the bridge to collapse,” the bench said.
What did the PIL say?
The petition said that the Delhi Tourism and Transportation Development Corporation floated a tender for a “road over bridge” and a “road under bridge” near Nathu Colony Chowk and the project was handed over in 2016, however, defects in the flyover were visible since 2015.
The PIL further said that the authorities 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 flyover has been closed for heavy vehicles for the last two years causing inconvenience to the public, the PIL said and sought repair and reopening of the flyover.
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