Delhi High Court - Orders
Jitendra Mahajan vs Government Of National Capital ... on 25 November, 2024
Author: Manmohan
Bench: Tushar Rao Gedela, Manmohan
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15192/2024 & C.M.No.63700/2024
JITENDRA MAHAJAN .....Petitioner
Through: Mr.Kriti Uppal, Sr.Advocate with
Mr.Neeraj, Mr.Satya Ranjan Swain,
Mr.K.K.Mishra and Mr.Aditya Raj,
Advocates.
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY DELHI
& ORS. .....Respondents
Through: Ms.Harshita Nathrani, Advocate for
R-1 & 2/PWD.
Ms.Mithila Sharma Jain, Advocate
for R-3 (Through VC)
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 25.11.2024
1. Though the date fixed in the present matter is 26th November, 2024, yet the Registry has inadvertently listed the matter today.
2. Today learned counsel for respondent no.3/DTTDC states that they are willing to rectify the structural defects in the flyover, provided the PWD bears the expenditure. She also points out a sum of Rs.8 crore is due and payable to the previous contractor by the PWD.
3. Learned counsel for PWD has handed over an Office Note prepared by the Assistant Engineer, PWD, which reads as under:-
"1) Regarding subjected matter & name of work, in the Hon'ble High Court of Delhi petitioner Shri Jitendra Mahajan has filed application of PIL and made PWD as Respondents. No.2.
2) The respondents as made by petitioner are as below:-
i. GOVERNMENT OF NATIONAL CAPITAL TERRITORY DELHI This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 22:32:17 THROUGH ITS CHIEF SECRETARY DELHISECRETARIAT, NEW DELHI-110002 MOB.: 9868250806 E-MAIL: [email protected] ii. PUBLIC WORKS DEPARTMENT (PWD) THROUGH ITS PR. SECRETARY 12TH FLOOR, MSO BUILDING, I.P. ESTATE, NEW DELHI-110002 E-MAIL: [email protected] standing [email protected] iii. DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION THROUGH ITS CHAIRMAN & MANAGING DIRECTOR 18-A, D.D.A. SCO COMPLEX, DEFENCE COLONY, NEW DELHI-110024 EMAIL: [email protected] iv. M/S. GAMMON ENGINEERS AND CONTRACTORS PVT. LTD. (EARLIER KNOWN AS GAMMON (INDIA) LTD.) THROUGH ITS DIRECTOR(S) OFFICE AT: FLOOR 3RD, PLOT NO. 3/8, HAMILTON HOUSE, J.N. HEREDIA MARG, BALLARD ESTATE, MUMBAI, MAHARASHTRA- 400038
3) The details of the facts are as below:
a) The ROB of Nand Nagri al Road No 68, Delhi was constructed in the year 2015 by DTTDC with panel technique and handed over to PWD on 13.01.2016 for maintenance to M-211 division (Now Shahdara Road Maintenance Division). This was not executed by PWD.
b) This ROB has a history of distress. One panel of carriageway of this flyover from Nand Nagri to Durgapuri was repaired by DTTDC and another panel was repaired by PWD in year 2018.
c) Further maintenance unit of PWD has noticed distress in some panels of slab in year 2018 and flyover was handed over to repair and rehabilitation unit of PWD. Repair work of 11 No. distressed panels out of 595 panels was carried out in 2019 by repair and rehabilitation unit PWD. Height barriers were installed to stop the movement of heavy vehicles on recommendation of consultant.
d) After repair work, several cracks were noticed in other panels of slabs and movement of heavy traffic was closed on flyover.
e) SE F-5 PWD called the meeting with consultant CCPL on 17.05.2019 to discuss the matter. Thereafter consultant CCPL vide his letter No. CCPL/2019/284 dated 27.06.2019 and 473 dated 01.11.2019 suggested to recast the entire deck slab in M 50 grade of concrete for 100% safe long term solution in which Human safety is taken care of.
f) Therefore in view of the above conditions and estimate to replace the complete dack slab of the bridge, a Preliminary Estimate amounting to Rs.
8.42 Crore was submitted by consultant for accord of A/A & E/S to recast the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 22:32:17 deck slab
g) Further this Preliminary Estimate was submitted to Hon'ble Minister, PWD vide CD No. 057595873 for approval of A/A & E/S.
h) In this regard a presentation was made by DTTDC on 24.07.2020 to discuss revised PE of the original work amounting to Rs. 128 crores, where in MD, DTTDC was directed to investigate the irregularities in execution of construction work. Hon'ble Minister PWD vide U.O No. OSD (PWD)/Min. Health, PWD/2020 dated 24.09.2020 directed to MD, DTTDC that revised estimate or original work shall be considered by PWD for approval of EFC/Cabinet, GNCTD after rectification of the structural defects by DTTDC satisfactory at their own cost.
i) Chief Project Manager, DTTDC vide their letter No F No DTTDC/ Engg/WD/54(21)/197 dated 02.03.2023 informed that "it was decided to obtain second opinion from the renowned consultant before starting any repair Accordingly. DTTDC had hired M/S B&S Engineering Pvt. Ltd in May 2021 for taking 2nd export opinion but till date their final report is not concluded DTTDC has shortage of staff, considering the urgency and pressure of local public representative it is proposed that repair work if any required may be carried out by the PWD".
j) In response of above letter of DTTDC, SE F-5 (Flyover Zone), PWD vide letter No. 23(12)/SE/F-5/PWD/2023-24/172 dated 16.02.2024, informed that "the initial construction of flyover was carried out by DTTDC in 2015, and in response to directive from the Hon'ble Minister, PWD, vide U.O. No. OSD (PWD)/Min. Health, PWD/2020 dated 24.09.2020, DTTDC has been mandated to rectify the structural defects at their own expense"
k) It is clear that there is structural failure in above mentioned flyover and it is unsafe to public. No action is initiated against the contractor by DTTDC to fix responsibility for structural failure.
l) Structural failure of flyover cannot be rectified by rehabilitation unit of PWD as initially flyover was constructed by DTTDC. In view of the para 3
(h) above the rectification of structural defects is to be done by DTTDC.
4. Hence considering the above facts PWD may request Hon'ble Court to exempt PWD as respondents No. 2 in this case as there is no role of PWD in construction work of this flyover.
5. Put up for perusal and further direction please.
Sd/- Sd/-
Assistant Engineer, F-512 Executive Engineer, F-51
PWD, Delhi PWD, Delhi
Superintending Engineer, F-5"
(emphasis supplied)
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 22:32:18
4. This Court is not able to understand as to why the two wings of GNCTD are opposing each other, especially when it is an admitted fact that the flyover in question is unsafe for public. At this stage, this Court has asked Mr.Santosh Kumar Tripathi, learned standing counsel for GNCTD to intervene in the matter. He states that he shall revert back with instructions tomorrow.
5. List on 26th November, 2024.
MANMOHAN, CJ TUSHAR RAO GEDELA, J NOVEMBER 25, 2024 KA This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/11/2024 at 22:32:18