K R SUBRAMANINAN Vs. GENERAL MANAGER, SOUTHERN RAILWAY

JUDGEMENT

(1.) The petitioner and the respondents entered into a contract for executing earth work in forming bank and moorum blanketing between 16.808 and Km.20.216. The original date of agreement for the completion of work was 12 months. However, six extensions were granted.

(2.) Clause 17(2) of the General Conditions of Contract reads as follows:

(3.) Thus extensions have been granted not due to the fault of the petitioner. It appears that the earth caving and sinking is to the knowledge of the respondent. The petitioner, for the extra work done, raised bills. For the initial bills, the petitioner did not raise this issue. As the earth bank progressed, the sinkage resulted in collapse of each bank and thus, the petitioner expressed his difficulty in continuing with the work and claimed losses. The respondent had consultations with various experts for obtaining solution for the problem. Thereafter, certain payments have been made for the sudden sinkage resulting in deep wide cracks which were rectified by the petitioner. As sinkage continued repeatedly, the petitioner was forced to stop the work.