AKSHAYA BUILDERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The above writ petition was filed challenging Ext P7 order.

(2.) Petitioner is a work contractor presently executing the work "Construction and Extension of River View Road up to 15th mile in Ettumanoor - Poonjar S.H. Way" awarded by the 3rd respondent on the basis of Ext P1 work agreement executed on 27/3/2018. The estimate of subject work was prepared by the Assistant Engineer, PWD Roads Division Pala and after vetting the estimate in the offices of respondent Nos. 2 to 5 the 2nd respondent issued technical sanction for the work. In the technical sanction the length of pile up to pile cap is considered as a single unit and approval is issued accordingly and the work was tendered.

(3.) During the course of execution of the subject work, the respondents deviated from the tender conditions and decided to measure the pile length bifurcating the same into two units, i.e. i) up to ground level and ii) above ground level separately. The said decision was taken as per Ext P3 minutes of the meeting convened by the 2nd respondent on 7/12/2019. In the said meeting it was decided that the rate for cast-in situ pile in the agreement schedule is for casting piles below the ground level and applying the same rate for casting piles above the ground level is not proper and so the casting of pile above ground level should be treated as an extra item and payment shall be modified accordingly.