RUPESH ANIL JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Shri Gangakhedkar, the learned Advocate has placed on record an affidavit dated 4th December, 2021 filed by Dr. Dattatraya Gangaram Regulwar, Professor, Civil Engineering Department, Govt. College of Engineering, Aurangabad. He has informed us that the authorities maintaining the fly overs at Kranti Chowk, Seven Hill, Sangram Nagar and Town Hall, have not supplied the necessary documents pertaining to the design and structural engineering. Consequentially, the Committee could not inspect the said fly over pursuant to the orders of this Court.

(2.) Shri Adwant, the learned Advocate representing the MSRDC submits that necessary instructions have been issued. It will be ensured that these documents are supplied to Advocate Shri Gangakhedkar, by the end of 8th December 2021.

(3.) Shri Gangakhedkar, with the aid of the affidavit and documents tendered today has drawn our attention to a frightening aspect with regard to the maintenance of the various fly overs which have been inspected. We find that where the total thickness of the bitumen as per design is prescribed by the Structural Engineers of the MSRDC, the maintenance of the surface of the roads has led to the increase in the thickness of the layer and on account of the policy of applying asphalt, layer upon layer, the thickness is growing beyond permissible limits. The Mondha Naka fly over seems to be under a great risk as the permissible thickness of bitumen is 65 mm and the maximum thickness found in some areas on the fly over is 113 mm. Insofar as the Railway Station fly over maintained by the AMC is concerned, the design has not been made available. The learned Senior Advocate Shri Deshmukh submits that the design is with the MSRDC as they erected the fly over and now the AMC is maintaining it.