SAI AVANTIKA Vs. GOVT. OF APRLSCY ICAD HYD

JUDGEMENT

(1.) The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

(2.) The case of the petitioner is that in pursuance of the tenders called for by respondent No.3 for AVR HNSS Project package No.25 for investigation, preparation, hydraulic particulars, designs, drawings and excavation of HNSS main canal from KM 42.000 to KM 64.000, including CM & CD works and distribution system. The petitioner participated in the said tender and stood as a highest bidder for the same. Thereafter, the petitioner entered into an agreement No.SEH8EPC/2004-06, dtd. 26/2/2005 for package No.25, the estimated cost of the said works is Rs.56.50 crores and as per the said agreement, the petitioner was supposed to complete the work within 24 months from the date of the agreement i.e. before 25/2/2007. After awarding the contract and signing of the agreement, the petitioner herein mobilized sufficient men and material for executing the work. However, to start work one of the essential requirements was acquisition of land for excavation of canal. As the land owners were not paid any compensation amount after acquisition of the land, they have prevented the petitioner from proceeding with the excavation work. Further, respondent No.3 has also not taken any steps to handover the required land for excavation after doing needful to the land owners. Considering the said reasons, respondents, vide memo No.18021/Maj.Irri.VI/2010 dtd. 23/7/2010, have extended the time for completion of the work, up to 30/6/2011.

(3.) It is the further case of the petitioner that he has completed 85.13% of the work, which is worth Rs.48.10 crores, by the end of August, 2010 and the value of balance work is Rs.8.40 crores only. However, on 1/3/2011, respondent No.3 issued tenders for execution of remaining 15% of the work, which was not completed by the petitioner and entered into an agreement with the third party on 13/5/2011 without issuing any notice to the petitioner.