PRAKASH KHAMPARIYA Vs. EXECUTIVE ENGINEER, NATIONAL HIGHWAY

JUDGEMENT

(1.) THE matter is called out from the final hearing board. Heard finally.

(2.) THE petitioner has challenged the order passed by the respondent No.1 rejecting the claim of rebate and on the contrary imposed the penalty even though for 13 days because of heavy rains and floods, the flow of traffic on the bridge was reduced to a larger extent, therefore, collection of toll was less.

(3.) CLAUSE 7 of the contract condition is invoked by the petitioner for the claim of rebate. Clause 7 of the contract condition is produced as under -