SAYED AHAMMED BAFAKEY THANGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The above writ petition was filed as a Public Interest Litigation for a direction to the respondents to commence the re-surfacing work of the road from KM 292/0 to 305/400 and KM 319/370 to 342/00 on N.H.47 (now N.H.66). It was contended that a portion between Chankuvetty to Kanjipra and also Kuttippuram to Puduponnani, work was tendered. Despite the lowest tenderer having accepted the work, nothing has been done either by the Central Government or the State Government to expedite the execution of the agreements as also commencement of the work on N.H.17. It is evident that there were some disputes or difference of opinion regarding the sanctioned amount and the amount for which the lowest tenderer had agreed to accept the work. It was only because of the lowest tender being 21.10% above that of the sanctioned amount, the 2nd respondent refused to grant sanction for the above work.

(2.) After the above Public Interest Litigation was filed and in view of the specific directions issued by the Court to the State Government with respect to the decision taken on the awarding of the tender, we are told that the State Government has agreed to bear the additional costs over and above the amount sanctioned by the 2nd respondent. The learned Additional Advocate General Mr.K.A.Jaleel appearing on behalf of the State Government also places before us Government Order, G.O.(P) No.336/2013/PWD dated 8.3.2013 wherein the State Government has agreed to bear the additional costs over and above the amount sanctioned by the 2nd respondent. It is also specifically stated in the above Government Order that the amounts so agreed to be borne by the State Government can also be garnered from the amount sanctioned for the next year as per the "new service procedure", which could be adopted by the Chief Engineer, P.W.D.National Highways, Trivandrum.

(3.) We notice that by order dated 14.2.2013 on the submission of the parties, the Secretary, P.W.D. National Highways, Trivandrum was suo motu substituted in the place of Chief Engineer, P.W.D.National Highways, Trivandrum. Since the Government Order above referred specifically refers to the Chief Engineer, P.W.D.National Highways, Trivandrum, we implead the Chief Engineer, P.W.D.National Highways, Trivandrum as additional 5th respondent herein. The Registry shall carry out the said impleadment.