NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. PCL

JUDGEMENT

(1.) THIS petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges the Award dated 06.11.2007 of the Arbitration Tribunal deciding one dispute between the parties pertaining to the work of Four Laning and Strengthening of the existing two lane Highway Section from km 320.00 and km 398.75 of NH-2 (Construction Package V-C), in the State of Jharkhand (TNHP-8).

(2.) THE issue decided is that during the performance by the contractor/respondent of the work of clearing and grubbing in terms of Clause 201.1, if there is required, on the directions of the Engineers, removal of top soil upto150 mm, then, whether the subsequent work of filling of this very top soil upto 150 mm depth, is or is not included in performing the obligations under Clause 201.1 by the contractor or the same has to be paid as an additional work to be measured under Clause 305. The Award has held that contractor is entitled to be paid for such work under the earth work which is dealt with in Clause 305, and this filling up work was not included in the work of clearing and grubbing under Clause 201.1.

(3.) MR . Sethi, learned senior counsel has placed special emphasis on the expressionand back-filling to required density in this Clause 201.6.1. It was the contention of Mr. Sethi that by virtue of this Clause, back-filling should also include back-filling of that much scraped portion of the earth which the contractor is required to do upto 150 mm depth while performing the work of clearing and grubbing. Mr. Sethi, learned senior counsel, contended that there should be a harmonious construction of Clauses 201.1 and 201.6.1.