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JMC Infra Bridge: PIL filed For Poor Quality Work At Bombay High Court

Flyover under construction near Mumbai develops huge crack, debris smashes car

Mumbai: A PIL was filed against JMC projects (India) Limited and MMRDA for substandard quality of work at Bhiwandi 3 Km long bridge. After this PIL MMRDA and JMC Infra has replaced the defected pillars . Later MMRDA received direction from Court to submit investigation report and PIL got disposed . MMRDA failed to report High court in limited time period,so court has put the matter on board on 10July 2018. Recently at Mumbai Andheri railway fly over fall down inspite of positive audit report of railway authorities from Churchgate to virar bridges
The three-km-long flyover on Bhiwandi-Kalyan road runs from Rajiv Gandhi Chowk to Saibaba temple

A large crack was detected on an under-construction bridge at Bhiwandi, located around 30 km from Mumbai, late on Wednesday, after chunks of concrete from the flyover fell on a four-wheeler that was passing under it.
The car was damaged badly, but no one was injured in the incident.
“Suddenly, a portion of the bridge cracked and debris fell on a car. It led to panic and a major traffic block in the night,” said a traffic police officer from Bhiwandi, who did not wish to be named.
The three-km-long flyover on Bhiwandi-Kalyan road, which is being built by the Mumbai Metropolitan Region Development Authority, runs from Rajiv Gandhi Chowk to Saibaba temple. The road connects to Bhiwandi bypass road, which leads to the Mumbai-Nashik highway. The flyover has been under construction for close to two years now.
The car was passing under the flyover when parts of the flyover landed on it on Wednesday night. 












The incident severely affected traffic going into Bhiwandi as well as vehicles heading towards Bhiwandi bypass road, as vehicles could not drive under the flyover. The space under the flyover has been cordoned off. As a result, on Thursday morning too, traffic between Kalyan and Bhiwandi is slow-moving.
The incident has raised concerns over the quality of materials being used to build the bridge.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.57 OF 2018
Mr.Sajjad Moinuddin Sheikh & Anr. ...Petitioners
Vs.
The State of Maharashtra & Ors. ...Respondents
­­­­­
Mr.Sadhna Kumar for Petitioners.
Mr. P.P. More, AAGP for State.
Mr.Mandar Bangale i/b. The Law Point for Respondent No.2­MMRDA.
Mr.Kaustav Talukdar with Mr.Ruturaj Bankar i/b. Lex Legal & Partners
for Respondent No.3.
­­­­­
CORAM : NARESH H. PATIL AND
G.S. KULKARNI, JJ.
DATE     : 13th JUNE 2018
P.C.:
The learned Counsel for the respondents submits that the entire
span P44 – P45 with new segments has been replaced without any cost
to   MMRDA.     The   learned   Counsel   appearing   for   MMRDA   does   not
dispute the statement made by the learned Counsel for the respondents.
An affidavit in rejoinder has been submitted by the petitioner.   The
learned Counsel for the petitioner submits that appropriate care should
have been taken at the initial stage which would have avoided this
incident.  
::: Uploaded on - 15/06/2018 ::: Downloaded on - 09/07/2018 14:00:02 :::
2 3-pil 57-18
2. We appreciate the concern shown by the petitioners.  Accordingly,
on   taking   cognizance,   the   respondents   have   taken   safety   measures.
They assure that in future there would be no compromise with the
quality   of   material.     Strict   vigilance   will   be   maintained   while
construction is in progress.  At the construction site, safety measures will
be adopted so as to avoid any loss of lives and damage to properties.  
3. In view of the statements made above, we dispose of this PIL.  The
expert committee shall supervise the construction site and a report be
placed in a sealed cover before this Court within four weeks.
4. PIL stands disposed of with liberty.
[G.S. KULKARNI, J.]            [NARESH H. PATIL, J.]



IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INT. LITIGATION NO.57 OF 2018
Sajjad Moinuddin Sheikh & Ors. .. Petitioners
Versus
State of Maharashtra & Ors. .. Respondents
Ms. Sadhana Kumar for petitioners
Mr. Ajay Khasre, Mandar Bangale i/b. The Law Point for respondent
No.2
Mr. A.P.Vanarase, AGP with Mr. P.P.More, AAGP with Mr.
R.S.Sawant, AAGP for respondent State.
 CORAM : N.H.PATIL, &
G.S.KULKARNI, JJ.
DATE : 20th March 2018.
P.C.
1] Heard learned Counsel for petitioner. Learned Counsel
for M.M.R.D.A. Learned Counsel for MMRDA files affidavit in reply.
The same is taken on record.
2] By an office order dated 20th February 2018, the Member
Secretary, M.M.R.D.A. has appointed Committee. Interim report has
been submitted by the Committee. Perused the said report. The
finding of the Committee is that the concrete quality is not inferior.
However, since the Committee has not yet concluded the issue, final
report is not submitted.
3] During the course of hearing learned Counsel for the
respondent No.2 submitted that the bridge is constructed by
adopting technology known as “Bridge Casting by Segmental
Technique” and the defective segments i.e. segment Nos. S-4 and
S-5 between Pillar No.44 and Pillar No.45 will be replaced. The
Counsel appearing for respondent submits that necessary
precautions are taken near the site and the affected portion of the
site is barricated. In support of his submissions he produces a
photograph evidencing the same. The photograph is taken on
record and marked “X” for identification.
4] We expect the committee to complete the inspection and
submit its opinion before the next date. Learned Counsel for
respondent No.2 ensures this Court to take all the necessary steps
without compromising with the quality of construction and safety
measures to be taken in accordance with the safety norms.
S.O. 5th April 2018.
 (G.S.KULKARNI, J) ( N.H.PATIL, J.)


 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
     CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2515 of 2018
Mr. Sajjad Moinuddin Sheikh & ors. ... Petitioners
V/s.
The State of Maharashtra & ors. ... Respondents
Ms. Sadhana Kumar for the petitioner.
Mr. P.P. More, AGP for the State.
Mr. Ajay Khasre i/b. M/s. The Law Point for respondent no.2.
Mr. Gaurav Joshi, Vikash Kumar for respondent no.3.
CORAM : NARESH H. PATIL  AND
SMT. ANUJA PRABHUDESSAI, JJ.
          9th March, 2018.
P.C.
Heard learned Counsel for the parties.
2. The   petitioners   are   concerned   with   the   construction   of   the
flyover   bridge   being   constructed   by   respondent   no.3   Bhiwandi
Nizampur City Municipal Corporation Ltd. on Kalyan Bhiwandi Road
from Rajiv Gandhi Chowk to Saibaba temple.   A defect was noticed
under   construction   between   Column   No.44   and   45   of   that   under
construction flyover bridge, a crack occurred and piece of cement slab
fell down on a car standing under the said bridge.
3. Learned Counsel appearing for respondent no.3 placed on record
compilation of documents.  It is submitted that by an order dated 20th
February,   2018,   the   Member   Secretary   and   Superintendent,
Engineering Division, MMRDA appointed a Five Member Committee
to look into the construction of the flyover bridge and defects pointed
out.
4. Certain photographs are also placed on record.   The Counsel
appearing for MMRDA submits that he would file reply.
5. The   petitioner   seeks   leave   to   convert   this   petition   into   PIL.
According to petitioner he is residing in a nearby area.  A portion of
the bridge fell on his four wheeler.  Even petitioner was to get injured.
The petitioner fears that if the bridge collapses, it may cause damage
to person and property.
6. We grant leave to petitioner to convert this petition into PIL
after complying with the necessary procedure.
7. We   direct   MMRDA   to   take   necessary   steps   to   complete   the
enquiry which is being conducted by the Committee at the earliest.
Necessary precautionary measures shall be taken in and surrounding
area so that no further damage is caused to persons and property.
8. Stand over to 20th March, 2018, to be listed at 3.00 p.m.
  (SMT. ANUJA PRABHUDESSAI, J)          (NARESH H. PATIL, J.)
  L.S. Panjwani, P.S.

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