The Delhi High Court expressed concern on Monday over a Member of the Legislative Assembly (MLA) approaching the judiciary to address issues with public authorities, indicating a deeper malaise within the governmental operations. The bench, consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela, remarked this development during the hearing of a public interest litigation (PIL) initiated by MLA Jitendra Mahajan.
MLA Mahajan’s PIL seeks urgent action from the Delhi government and its departments to repair and reopen a critical flyover near Nathu Colony Chowk, which has been a source of public inconvenience. The court noted, “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 justices highlighted that resorting to court intervention does not reflect well on the state government’s functionality. “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,” the bench added.
Despite the MLA’s frustrations, voiced by senior advocate Kirti Uppal, the court reiterated that the assembly is the appropriate platform for such grievances. “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 justices.
The counsel representing the authorities mentioned ongoing arbitration proceedings related to the flyover’s repairs, yet the bench stressed the urgency of the situation, stating, “You can’t allow the bridge to collapse.”
The PIL documents that the Delhi Tourism and Transportation Development Corporation had initiated a project in 2016 for a “road over bridge” and a “road under bridge” at the site. However, structural defects have been visible since 2015, which have not been addressed by the responsible public works department and the corporation, leading to significant delays and public safety concerns.
