STRONG CONSTRUCTION Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONERS , who are five in number before this Court have filed present writ petition for following relief:

(2.) PETITIONERS claim that they are Class 'A' contractors registered in Public Works Department. All of them are engaged in a contract work, particularly, the road construction under the U.P. Public Works Department. Petitioners submit that tender was floated for the different road construction under the Pradhan Mantri Gram Sadak Yojana by the Public Works Department. Petitioners submit that as far as Allahabad District is concerned tender was floated by the Superintending Engineer, Pradhan Mantri Gram Sadak Yojana (PMGSY) Circle, Public Works Department, Allahabad, respondent no. 4 for the scheme Pradhan Mantri Gram Sadak Yojana (PMGSY) on 01.12.2012. The last date of submitting the tender was 15.01.2013. All the petitioners in pursuance of the tender notice for the different packages submitted their tender till 15.01.2013. Petitioner no. 1 submitted the tender for Package No. UP -03113, petitioner no. 2 submitted the tender for Package No. UP -03114, petitioner no. 3 submitted the tender for Package No. UP -03112, petitioner no. 4 submitted the tender for Package No. UP -03107 and petitioner no. 5 submitted the tender for Package No. UP -03110. Petitioners have proceeded to mention that the constructions work that has been mentioned in the Tender Notice dated 01.12.2012 qua the same respondents have prepared Detail Project Report (DPR/Estimate Cost of the works). Petitioners have proceeded to mention that in the said DPR/Estimate Item No. 301.5 in the head of additional royalty charge on the earth work was disclosed at the rate of Rs. 9/ - per cubic meter. Petitioners have further proceeded to mention that based on the said Detail Project Report and as per the rate that has been prescribed they have proceeded to fill up the tender form and they have also proceeded to complete constructions work without any complaint.

(3.) PETITIONERS have stated that at the point of time of ensuring payment in lieu of construction having been completed petitioners have been informed that for the earth work the royalty would be deducted at the rate of Rs. 14/ - per cubic meter in place of Rs. 9/ - per cubic meter. This has impelled the petitioners to be before this Court complaining therein that demand that has been so made is illegal and petitioners ought to have been made aware of the change of rate of royalty at the point of time when contract in question have been given to them as such demand made is illegal and respondents be directed to deduct royalty at the rate of Rs. 9 per cubic meter keeping in view the Detail Project Report/Estimate.