INDIA TECH CONSTRUCTIONS Vs. KERALA WATER AUTHORITY

JUDGEMENT

(1.) PETITIONER was awarded with work of supplying and laying 250mm dia D1 K -9 raw water pumping main from raw water pump house at Vengalloor to treatment plant at Chozhamkudypara. The above work has been accepted by the petitioner for an amount of Rs.1,55,49,200/ -. Petitioner supplied entire quantity of pipes and specials by October 2013, but laying of the pipes could not be proceeded on account of uncertainty of the location. The reason thereafter, the laying was delayed as the uncertainty persisted for a long period. The petitioner demanded for the supply of materials and also for the work undertaken by him. By Ext.P8, Executive Engineer, Kerala Water Authority recommended for payment to the petitioner. It is seen from Ext.P9, an amount of Rs.39,18,932/ - is due to the petitioner. Petitioner approached this Court for release of the amount.

(2.) A statement has been filed on behalf of the Water Authority. It is stated that the amount can be released to the petitioner only on completion of project and after the guarantee period stipulated under the work agreement is over. It is further submitted that site for the intake well is made available and if the petitioner undertakes the laying, the entire amount due to the petitioner can be released in accordance with the contract. 3. I am of the view, since petitioner has undertaken the work and prepared to lay the pipe if the site is provided, matter can be resolved by directing the respondents to pay atleast 1/3rd of the amount due within a period of one month from today. Petitioner shall undertake before the respondents 2 and 3 that he will lay the pipe in accordance with the work order within a further period of one month. The site has to be handed over to the petitioner within 15 days from today. Necessary order shall be issued to the petitioner handing over the site. On completion of the work, entire balance payment due to the petitioner shall be released in accordance with the work order. It is made clear that on account of delay, any claim available to the petitioner is left open. Writ petition is disposed of. Sd/ -