ROSHAN LAL VOHRA Vs. MCD

JUDGEMENT

(1.) Rule. With the consent of counsel for the parties, writ petition is set down for final hearing and disposal.

(2.) The facts of the case, which have led to filing of the present petition, as stated in the writ pS.etition, are that the petitioners, who are contractors, participated in a tender floated by the respondents. The tender was opened on 23.6.2007. After negotiations a work order was issued to the petitioners on 19.2.2008 and thereafter a formal agreement was also executed between the parties on 14.11.2008. As per the petitioners, they started the work on 28.2.2008 within the stipulated period. The completion period was 18 months i.e. by 27.8.2009. Petitioners after carrying out certain work of earth excavation, found that the work cannot be completed as hindrances existed at the site such as clusters of jhuggies, electric poles and further the designs provided by the respondents were faulty. The petitioners approached the respondents for revising the designs / drawings relating to the work as in case the designs were not revised the structure would collapse. The petitioners also submitted modified drawings and designs with the respondents, however, the respondents sat over the same.

(3.) It is submitted that the petitioners wrote a letter dated 6.5.2008 to respondent no.3 wherein petitioners clarified that the work had been started in the reach of about 100 meters; the remaining portion is thickly effected with encroachments on route, clusters of jhuggies are existing; and electric poles are also existing on the alignment. The respondents were also informed that further work is likely to get hindered till the encroachments are removed and clear site is made available to the petitioners.