NCC Ltd. v. State of Jharkhand through Chief Secretary, Govt. of Jharkhand
2017-09-13
RAJESH SHANKAR
body2017
DigiLaw.ai
JUDGMENT : The present writ petition has been filed for a direction upon the respondents to immediately and forthwith grant extension of time till 28.02.2011 in connection with Agreement No. 01 F 2/2006-07 for the work of construction of Mega Sports Complex Package-II and consequently pay the pending dues of the petitioner amounting to Rs.19.68 Crores. 2. The case of the petitioner as stated in the writ petition is that the respondent Building Construction Department invited bids for construction of Mega Sports Complex Package-II. The petitioner participated in the bid process and finally it was awarded the work and agreement to that effect was executed being Agreement No. 01 F 2/2006-07. The date of commencement of the work was 29.05.2006 and it was initially required to be completed within a period of 18 months i.e. 28.11.2007, but the time was subsequently extended till 30.01.2009. The petitioner further applied for extension of time till 28.02.2010 vide application dated 05.11.2009, but subsequently vide letter dated 21.12.2009, it brought to the notice of the respondents that the time for completion of work may be extended till 28.02.2011 instead of 28.02.2010. Subsequently by various letters to the respondent authorities, the petitioner sought extension of the time and also for refund of the liquidated damages illegally deducted from its bills for want of written extension of time. The stadium was finally taken over by the department on 22.10.2010 without any demur and the national games were successfully organized in February 2011. It is further submitted that even after handing over the construction, the respondents neither extended time nor made payment of dues. The executive engineer informed the petitioner vide letter no. 59/Ranchi dated 20.01.2017 that vide letter no. 594 (Anu) dated 24.11.2014, the proposal for extension of time has already been forwarded to the Superintending Engineer, Chhotanagpur Anchal., However, no action was taken thereafter. The petitioner also served a legal notice to the respondents dated 23.06.2017 demanding an amount of Rs.9.68 crores towards extra work, Rs.3.60 crores towards retention of money, Rs.4.90 crores towards withholding money un-contractually and Rs.1.50 crores towards the Final RA Bill. However, the petitioner has neither been granted extension of time nor paid the due amount, which gives rise to the filing of the present writ petition. 3. The learned Sr.
However, the petitioner has neither been granted extension of time nor paid the due amount, which gives rise to the filing of the present writ petition. 3. The learned Sr. counsel appearing on behalf of the petitioner submits that the respondents are not justified in keeping the application for extension of time in abeyance for indefinite period, particularly when the respondents have already taken possession of all the buildings, structures etc. without any demur and defect. It is further submitted that the respondents cannot sit tight over the application for extension of time without any justifiable cause that too when the defect liability period for the project has also ended thereby causing grave loss, damage and injury to the petitioner. It is claimed by the petitioner that from the very beginning, the petitioner diligently mobilized the manpower and machineries for executing work in terms of the contract, but on account of reasons beyond its control, the work prolonged. The petitioner was also ordered to execute extra works which were not included in the agreement or the Bill of Quantity which was also one of the reasons for delay in completion of work. It is further submitted that similarly situated another company i.e. M/s Ling Simplex was also entrusted the work of construction of other packages of Mega Sports Complex and the time extension sought by it has been granted. Moreover, all its dues have also been paid. 4. The learned counsel appearing on behalf of the respondents fairly submits that if the petitioner files fresh representation on the present issue before the respondent no. 2, the same will be decided as soon as possible. 5. Heard the learned counsel for the parties and perused the materials placed on record. The petitioner was granted work for construction of Mega Sports Complex vide Agreement No. 01 F 2 of 2006-07. The allotted work was not completed within the stipulated time and thereafter the petitioner sought extension which was allowed and the time for completion of work was extended till 30.01.2009. It is claimed by the petitioner that due to some unavoidable circumstances and also due to the reason that some additional work was allotted to it, the work could not be completed within the stipulated time and for that reason the petitioner further sought extension of time till 28.02.2010 which was later on sought to be modified as 28.02.2011.
It is claimed by the petitioner that due to some unavoidable circumstances and also due to the reason that some additional work was allotted to it, the work could not be completed within the stipulated time and for that reason the petitioner further sought extension of time till 28.02.2010 which was later on sought to be modified as 28.02.2011. Thereafter, the petitioner by way of various representations requested the respondent authorities for extension of time and also for payment of dues, but the same were kept in abeyance. The petitioner has also filed a letter of the Executive Engineer (respondent no. 7) dated 20.01.2017 (Annexure-15) whereby the petitioner was informed that its letter for extension of time was forwarded to the Superintending Engineer, Chotanagpur Anchal which appears to be still pending. The petitioner has claimed dues of Rs.19.68 crores against various heads and has stated that it has done some additional work as per the direction of the respondents and the dues of similarly situated company have already been cleared. On perusal of the claim of the petitioner it appears that the same involves disputed question of fact which cannot be adjudicated in the writ jurisdiction. 6. Looking into the facts and circumstances of the case, the present writ petition is disposed of without going into the merit of the case, with a liberty to the petitioner to file a fresh representation before the Respondent No. 2 for taking decision on its aforesaid claim. The Respondent No. 2 is directed to take appropriate decision on the claim of the petitioner by a speaking order within a period of two months from the date of receipt of the representation of the petitioner.