Bombay HC questions ‘layer upon layer’ method of maintaining flyovers

The HC suggested that if recommended by experts, it would be “most pragmatic” to direct removal of the layers on the flyovers to reduce the weight to the permissible limits to “avert an unfortunate incident.”

A division bench of Justice Ravindra V Ghuge and Justice Sanjay G Mehere was hearing a PIL last week by one Rupesh Jaiswal highlighting the poor condition of roads in Aurangabad city, including the condition of the Shivaji Nagar Railway crossing underpass.

During the previous hearing, the HC had observed roads are repaired again and again as they get disintegrated in every season, it being a “very disturbing feature”.

The court had then appointed a committee of experts, including special experts from GEC to carry out an audit of roads maintained by the Public Works Department (PWD) and Aurangabad Municipal Corporation (AMC) and to give details on deficiencies found on them.

It had also warned that if the report is adverse, it would direct authorities to blacklist such contractors, who have repaired the said roads and also recover amounts paid to them.

On December 4, advocate S S Gangakhedkar for GEC submitted an affidavit filed by its professor of Civil Engineering Department and drew the court’s attention to the “frightening aspect” concerning the maintenance of various flyovers inspected by the committee.

The bench found that the maintenance works have led to an increase in thickness of the bitumen beyond permissible limits on account of the policy of applying asphalt, layer upon layer.

It was observed that Mondha Naka flyover is ‘under great risk’ as the permissible thickness of bitumen is 65 mm, while the maximum thickness found in some areas on the said flyover was 113 mm.

The bench noted in its order, “It is beyond our comprehension as to why are the experts of the concerned departments, which have constructed these flyovers, unable to understand that the layer upon layer policy will keep increasing the weight on the flyover and one day the columns and beams of the structure would collapse under such increasing weight and pressure keeping in view heavy vehicular traffic over such flyovers. Are these experts waiting to see the day when a flyover would collapse, killing people?”

It went on to state, “If this happens, would those who have lost their lives, be brought back to life by the payment of compensation to their families and would that undo the damage, which is likely to be caused? Before such an unfortunate incident occurs, would it be appropriate to immediately scrape the roads notwithstanding the monetary loss it is likely to cause, to reduce the weight on the flyover and then lay the surface layer within permissible limits to avoid the damage to or collapsing of the flyover as this would save human lives?”

Senior Advocate Rajendra S Deshmukh for AMC submitted an affidavit and said that the AMC has conducted a special recovery drive from the contractors recovering Rs 4.42 lakh, along with Rs 1.87 lakh worth post-dated cheques within sixteen days.

“We appreciate the efforts and we believe that the AMC would continue to recover outstanding tax dues on a war footing,” the bench noted and posted the further hearing to December 15.