P. JANAKIRAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE plaintiff is the appellant before us. The respondent invited tender for the work of widening and strengthening of the road branching from K.M. 11/8 of Madras -Chengalpet -Kancheepuram -Arakonam -Tirutani Road to Pudupattinam via Vitlapuram KM 0/0 -17/0. The tender of the appellant, being the lowest among others, an agreement was entered into between the parties on 27.08.2003. The agreement was drawn for a total value of Rs. 4,38,53,328/ -. The appellant was supposed to complete the work on or before 26.11.2004. The agreement got extended as the work could not be completed. The respondent accordingly extended the agreement till 04.04.2005.

(2.) FOR providing granular sub -base, the specification was granular sub base (SG Mix), which is for providing, laying and compacting well graded material for preparing sub grade in accordance with the requirements of the specification. The materials shall be made in one or more layers as sub -base or lower sub -base and upper sub -base as necessary according to lines grades and cross sections shown in the drawing or as directed by the Engineer. As per the MOST specification 111, 112, 401 and 900, the granular sub -base (SG Miz) was rated by the appellant as Rs. 165.24 paise per cubic meter and for the entire contract, the appellant has valued for Rs. 26,81,019/ -. Based on the calculation arrived by the appellant, the respondent has awarded the contract to the appellant and the agreement signed has four schedules as stated by the appellant which forms part of the contract wherein Schedule -A contained the description of the items to be executed by the Contractor, the quantity to be executed along with the relevant MOST specification and the rates for the work as filled in by the Contractor to be executed. The Schedule -C contains the descriptive specification report. Finally Schedule -D contains the rules for provision of health, sanitary arrangements for the workers.

(3.) THE appellant, by way of a reply dated 24.11.2003, stated that he is entitled to receive the new rate of Rs. 482.45 per cu.m to provide GSB -Grading -1 as per the terms and conditions of contract. However, the request made by the appellant was not considered favourably. Claiming the following relief, the appellant filed the suit before this Court in C.S. No. 994 of 2010.