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2014 DIGILAW 101 (MAD)

Raja & Co. v. Secretary to Government, Highways Department

2014-01-10

V.DHANAPALAN

body2014
JUDGMENT 1. By consent of the learned counsel on either side, this Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard Mr. R.Muthukumarasamy, learned Senior Counsel appearing for Mr. R.Neelakandan, learned counsel for the petitioner and Mr. A.L. Somayaji, learned Advocate General, assisted by Mr. V.Jayaprakash Narayanan, learned Special Government Pleader for the respondents. 3. A challenge in this writ petition is to cancellation of contract awarded to the petitioner for construction of bridge between Thoppur – Mettur – Bhavani – Erode Road to a distance of 67.2 kms, pursuant to the approval dated 14.12.2010, given by the 2nd respondent and on the Articles of Agreement dated 10.01.2011, that was entered into between the 3rd respondent and the petitioner with a consequential direction to the respondents 3 and 4 to grant sufficient time to the petitioner to complete the work. 4. Learned Advocate General assisted by Mr. V.Jayaprakash Narayanan, learned Special Government Pleader submits that inspite of grant of extension of time to the petitioner to complete the work, viz. Construction of Bridge, the work has not been completed within the stipulated time, resulting in issuance of impugned order of cancellation. 5. Learned counsel for the petitioner would, by producing photographs showing completion of more than 70 to 80% of work, submit that the Department in the interrgnum period of execution of contract decided to give the contract to another contractor, which caused delay in execution of the same within the stipulated time. He would also contend that in the event of handing over the project to another contractor at its fag end, it may cause further delay and additional expenses. 6. This Court on an earlier occasion had directed the learned Special Government Pleader to apprise the Secretary to Government, Highways Department in this regard and for the said purpose, the matter was ordered to be posted today. 7. Learned Advocate General has produced a written instruction in Lr.No.6405/2013/RR! 6. This Court on an earlier occasion had directed the learned Special Government Pleader to apprise the Secretary to Government, Highways Department in this regard and for the said purpose, the matter was ordered to be posted today. 7. Learned Advocate General has produced a written instruction in Lr.No.6405/2013/RR! Dated 06.01.2014, addressed to the Special Government Pleader, High Court, Chennai, by the Chief Engineer, Highways Department, Chennai, wherein it has been stated as follows: "The request of the contractor to grant 6 weeks time to complete the work shall be considered, provided the contractor gives the steel to be used for RCC work for testing and rectify the defects in the centering, form work and fabrication of steel in the site as per the approved drawing as already mentioned in Divisional Engineer's (Highways) NABARD and Rural Roads, Erode Letter No.27/A1/2013/dt.25.09.2013 and Letter No.27/A1/2013/dt.11.10.2013 and in the counter affidavit filed, along with the following conditions, as consulted with the Principal Secretary to Government, Highways and Minor Ports Department: "If the contractor does not complete the work within 6 weeks of time, 10% penalty over the value of balance work will be levied along with the termination of contract followed by suitable departmental actions as per all applicable codal provisions of the department." Learned counsel for the petitioner, on instructions submits that the petitioner is agreeable to the conditions stipulated in the aforesaid letter. 8. In the light of the above, the writ petition is disposed of with a direction to the petitioner to complete construction of the bridge work within a period of six weeks from the date of issuance of permission letter after compliance of the conditions, such as usage of steel for RCC work for testing and rectifying the defects in the centering, form work and fabrication of steel in the site as per the approved drawing, as stated in the letter of the Chief Engineer (Highways). 9. However, it is made clear that in case of further delay on the part of the petitioner, it is for the respondents to act as per the conditions, which have to be indicated in the permission letter, viz., levy of 10% penalty over the value of balance work and termination of contract followed by suitable departmental actions as per all applicable codal provisions of the department. No costs. Consequently, connected miscellaneous petition is closed.