MAHFOOSE M.D. Vs. GREATER COCHIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, who was awarded the work of renovation of footpath and raising of drain from Kadavanthara to Kaloor east side and ROB to Kaloor west side, has filed this writ petition seeking to quash Ext.P5 and command the respondents to permit him to complete the work within the time frame granted in Exts.P1 and P2.

(2.) The petitioner, who is A Class PWD Contractor, was selected for awarding the work in question by the 1 st respondent-GCDA for an amount of ?2,32,29,115.73, as per Ext.P1 dated 05.12.2018. The petitioner thereupon executed Ext.P2 agreement dated 24.01.2019. The site was handed over to the petitioner on 30.01.2019. It is the case of the petitioner that due to heavy rain for more than five months continuously and shortage of materials, he could complete the work of about 1100 metres only out of the 3000 metres. As the work was not progressing at the desired speed, a meeting was held on 08.11.2019 in the office of the respondents and the petitioner gave an undertaking that the work will be completed in a time frame. However, the petitioner was not permitted to proceed with the work.

(3.) When the writ petition came up for admission, this Court deemed it necessary to give further time to the petitioner and accordingly, passed an interim order dated 17.12.2019, the operative portion of which reads as follows:-