Madhya Pradesh High Court: In a writ petition challenging the structural integrity of newly constructed flyover based on alleged defects in its construction, a division bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., noted that the gaps observed were a natural result of seasonal expansion and contraction and disposed of the writ petition due to lack of supporting scientific evidence
The petitioner claimed that the joints and gaps at the site were indicative of substandard construction or maintenance. However, the Committee, headed by the Chief Engineer, conducted a site inspection in the presence of the Engineer-in-Chief and the Additional Chief Secretary and observed that the joints and gaps present were caused by natural expansion and contraction due to seasonal changes, specifically during summer and winter. Responded contended that there exists no structural defect was identified as the cause of the gaps.
The Court noted that the petitioner did not provide any research or scientific evidence to substantiate the claims of structural defects. The Court concluded that gaps observed were a natural result of seasonal expansion and contraction The Court declined to entertain the petition due to the lack of supporting evidence and disposed of the writ petition without further relief.
[Narmada Prasad Mishra v. State of M.P., WP-1953-2025, Decided on 20-01-2025]
*Judgment by Chief Justice Suresh Kumar Kait
Advocates who appeared in this case :
Shri Mahendra Pateria along with Shri Ankur Mishra, Counsel for the Petitioners
Shri H.S. Ruprah Additional Advocate General with Akash Lalwan, Counsel for the Respondents/State
