HC slams BMC for faulty Lalbaug flyover, seeks response in 6 weeks

A bench comprising chief justice Devendra Kumar Upadhyay and justice Arif S Doctor directed the civic body to file an affidavit within six weeks disclosing if the enquiry conducted by the Statutory Technical Advisory Committee (STAC) found any lapses or breaches by the contractor in the construction of the flyover

MUMBAI: The Bombay high court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC) to furnish details of the inquiry into lapses in construction of the Lalbaug flyover, which developed cracks within five years of its construction in 2012.

The court also sought details regarding the action taken against the contractor if any from the BMC. “What action have you taken,” the court asked. “Did you make any recovery? Did you blacklist the contractor?” (HT Archives)

A bench comprising chief justice Devendra Kumar Upadhyay and justice Arif S Doctor directed the civic body to file an affidavit within six weeks disclosing if the enquiry conducted by the Statutory Technical Advisory Committee (STAC) found any lapses or breaches by the contractor in the construction of the flyover. It also asked for information on punitive action that was likely to be taken against the contractor, emphasising that any measure should align with the severity of breaches.

The court’s attention was drawn to the matter during a hearing on a petition filed by Bhagvanji Raiyani, a civil engineer, through advocate Sumedha Rao, seeking to ensure the safety of commuters using the bridge. Raiyani, who learnt about the cracks in the flyover through news reports, urged the court to conduct an inquiry and hold the contractor accountable for the faulty construction. He further requested a structural audit of the bridge.

During the proceedings, the bench noted that a 2017 inquiry conducted by the STAC merely accepted the findings of the Structural Audit Report without clearly delineating the causes of the flyover’s deterioration, despite a previous directive from the court in March 2017.

The court expressed concern over the lack of clarity regarding the causes, emphasising the need for accountability. It remarked that those responsible for any potential structural issues should be held accountable under law.

“Where are the causes? Those who are responsible for the falling of the bridge should be booked and must be taken to face the law,” the court remarked.

The court also sought details regarding the action taken against the contractor if any from the BMC. “What action have you taken,” the court asked. “Did you make any recovery? Did you blacklist the contractor?”

In response to the court’s queries, the BMC counsel stated that while the bridge had not collapsed, only a show cause notice was issued to Simplex Infrastructure, the company responsible for the project. The company subsequently went into liquidation, raising questions about the efficacy of punitive measures undertaken by the BMC.

In its March 2017 order in a similar case filed by Raiyani, the court had instructed the BMC commissioner to investigate any construction lapses in the Lalbaug flyover and take appropriate action if deemed necessary. Additionally, the court had directed the state government to consider forming a panel of experts to examine why the flyover deteriorated within five years, with the aim of establishing guidelines for future construction projects.