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Bombay High Court disposes of PIL for probe into Pune Metro stations construction

The Bombay High Court disposed of a Public Interest Litigation (PIL) filed seeking a probe into the quality of construction, structural safety of the superstructures of metro stations and systematic failure of the Quality Assurance / Quality Control system of the Pune Metro Rail Project in Pune.

According to the petitioner, there are gross violations and lapses in the construction of Metro Stations of Pune Metro on Reach II of Line 2 of Pune Metro Rail Project thereby seriously endangering life and safety of commuters using the Reach II as well as passersby and pedestrians traveling below the Metro Stations situated on the Reach II.

It is submitted by the Respondents that the COEP Technological University, Shivaji Nagar, Pune was appointed and the report is submitted.

According to the Counsel for the Petitioners, the said report presented by the Associate Professor in Civil Engineering, Civil Engineering Department, COEP Technological University, Pune records the following suggestions and the conclusions:

“i. During inspection work, I observed a good team work of Metro Engineers and they have seriously started rectifications of the deficiencies.

ii. The sample sheet No. 1 provided for the recording of structural performance based on the data available and software results from the concerned structural designer/structural consultant will be helpful to measure performance of the structure and safety margin and accordingly it can be certified by the concerned structural designer.

iii. It is assumed that the structure is designed by the experts and already proof checked by the appropriate authority. The fact is that some deficiencies in joints particularly at bracket level connections due to misalignment and deficiencies due to poor quality of workmanship and welding at some locations, are observed. However, the immediate efforts taken by the engineers for the rectifications of the observed deficiencies from Maha-Metro are highly appreciated.

iv. As per my observation for the steel structure at all the stations viz Vanaz, Anand Nagar, Ideal Colony, Nalstop and Garware College Station, minor rectifications of steel structure are suggested as described above. These have mostly been attended by Pune Metro team and remaining are in advance completion. Notwithstanding these minor deficiencies in structural connections and minor workmanship defects at site and considering residual structural capacity available in the design, I come to the conclusion that the Steel/PEB structures of these metro stations are structurally safe.”

Clause (iii) of the said report is on assumptions.

The letter was issued by the Maharashtra Metro Rail Corporation Limited to the Petitioners that there were some minor deficiencies and they are being attended to.

However, the report did not find favour even with the COEP Technological University. Mr. Kulkarni, the counsel for the COEP Technological University, submits that it has taken note of the complaint reflected in the local newspapers.

The Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep V. Marne held that the report dated 10.03.2023 is not an interim report. However, it has been suggested that the COEP has appointed an expert faculty to undertake reexamination of the work and submit the final report to the Maha Metro, Pune within one week. The said letter is issued by the In-Charge Vice Chancellor of the University.

COEP Technological University is required to be more serious in the matter as it concerns the safety of the commuters, passersby and pedestrians. As the COEP has decided to appoint an expert faculty to undertake re-examination of the work, the same shall be done in all seriousness, the Court held further.

“In matters of public project of this nature, there may not be laxity on the part of any of the stake holders and the persons manning the project.”

The Court hopes and trusts that the COEP shall forward the report as is undertaken in the letter dated 15.04.2023 issued to the Director (Works), Maha Metro, Pune and the defects pointed out shall be attended to by Respondent no.1 (Maharashtra Metro Rail Corporation Ltd) in all earnestness. If further deficiencies are still found, then the petitioners are at liberty to take appropriate steps in that regard, directed the High Court.

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