LAWS(MEGH)-2014-3-26

PATEL ENGINEERING LTD Vs. UNION OF INDIA

Decided On March 19, 2014
PATEL ENGINEERING LTD. Appellant
V/S
Union of India, Represented by the Commissioner and Secretary to the Government of India, Ministry of Power, New Delhi Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY means of this writ petition, the petitioner has made the following prayer:

(3.) HOWEVER , having considered submissions of Learned counsel for the parties, this Court is prima facie not satisfied that under the agreement between the writ petitioner and the respondent -Corporation, the respondent -Corporation was barred from inviting tenders or to make supply of the boulders/sand to the writ petitioner at the dam site. From the papers on record, it appears that after the boulders and sand could not be found out near the site of the dam, the same was required to be taken from Jameri, Dirang and Lung site. Admittedly, the petitioner was temporarily allowed to transport minerals from the above mentioned sites to the dam site, only on his request and the permission granted to him has expired on 14 -10 -2013. It is not the case of the petitioner that respondent -Corporation would charge any payment from him for supplying boulders etc at the dam site. Simply stated the case is that it is the petitioner would demand extra charge for transportation of boulders etc at dam site, which the respondent North Eastern Electric Power Corporation Limited wants to supply free to him by incurring lesser expenditure by inviting tenders in which petitioner can also participate.