JOSEPH JACOB Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P13 order passed by the Kerala State Electricity Board Ltd., declining revision of the rates sought for by the petitioner contractor on account of construction of 220KV DC line from Sabarigiri to Edamon, passed in accordance with the directions issued by this Court in Ext.P12 judgment in W.P.(C) No.33856 of 2011 dated 19.11.2014. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is a contractor engaged by the K.S.E.B Ltd., for the construction and drawing of 220 KV DC line from Sabarigiri to Edamon, and on the basis of the agreement executed by and between the parties as per the award dated 12.10.1989, the work was scheduled to be completed during Jan., 1991. Case projected by the petitioner is that, due to the delay occurred on the side of the K.S.E.B., work was delayed and the line could be commissioned only during May, 1994. The K.S.E.B has passed an order on 13.07.2007, accepting the completion report for a sum of Rs.1,83,51,602.00 and paid to the petitioner. With regard to the revision of rates, the Board has decided to work out the details and later settle the same.

(3.) Accordingly, a negotiation was held with the 3rd respondent i.e., the Member, Transmission, K.S.E.B., Thiruvananthapuram, and in that negotiation, petitioner has given an estimate of the actual amount due to the petitioner, but the Board did not accept petitioner's claim. It is also pointed out that, the Board in its various letters like Exts.P7, P8 and P9, admitted that the delay has occurred in completion of the work not due to any omission or commission of the petitioner, but it is due to the fault on the part of the Board. Therefore, according to the petitioner, as per Ext.P2 special conditions of contract agreed upon by the K.S.E.B Ltd. on 15.11.1989, petitioner can seek rate revision, and the Board cannot turn around and contend that they are not liable to pay the same, which is a clear breach of promise on the part of the statutory authority. That apart, it is contended that, it was on the basis of the specific term of the contract that the work if delayed due to the omission or commissions on the part of the K.S.E.B, petitioner is entitled to rate enhancement and, therefore, in every respect, petitioner is entitled as of right, to get revised rates. Moreover, various factual aspects are also put forth by the petitioner with respect to the difficult terrain and the efforts taken by the petitioner in order to complete the work.