IBEX GALLAGHER PRIVATE LTD Vs. CONSERVATOR OF FOREST

JUDGEMENT

(1.) Heard the counsel for the petitioner and the respondents.

(2.) The petitioner is a company registered under the provisions of the Companies Act, 1956. It carries on the business of manufacture and maintenance of power fencing including solar power fencing, and it is in collaboration with a company called Gallagher of New Zealand, which is well known in the business. The petitioner claims to have had wide experience in fencing for various organizations throughout the country. The first respondent is said to have invited tenders for solar power fencing in eight ranges totalling about 80 kilometres of various forest ranges in Karnataka, for protection of wild life as well as the villagers from the wild life. The petitioner had accordingly submitted its tender on 25-11-2002. The bid of the petitioner was accepted on 27-12-2002. The agreement between the petitioner and the first respondent was entered into in respect of seven items of work and are covered under seven agreements at Annexures F-1 to F-7, to the writ petition.

(3.) The second respondent had issued a work order in terms of Anhexure-F dated 28-12-2002. The petitioner commenced work in all the seven sites during February 2003 and completed the works in terms of letter dated 12-10-2003 and the petitioner would admit that there was a delay in executing the work and the first respondent has imposed penalty from time to time in respect of such delays. The respondents had appointed an independent agency, namely, M/s. SGS India Limited to inspect and certify of the quality of the materials and its functioning. The agency had inspected and had expressed their satisfaction about the quality and functioning and its maintenance and had submitted its report. The forest officials of the respondents, in turn, had also inspected the fencing and its operations. The report filed by M/s. SGS India Limited is part of the record.