RAJESH VERMA Vs. JABALPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE present petition is filed by the petitioner challenging the order by which the contract of the petitioner has been terminated which is referred to in the resolution passed by the respondent to terminate the contract. The petitioner challenges the resolution Annexure P/4 of the respondent whereby the work has been allotted to another Contractor on risk and cost basis. The petitioner also challenges the communication dated 16. 2. 2000, which is Annexure P/10.

(2.) THE facts leading to the present case are that petitioner was awarded the work of constructing the first floor, North block, Vikas Bazar, Jabalpur and accordingly the work order was issued on 22. 11. 93. The work was to be completed within a period of 15 months including rainy season.

(3.) THE petitioner could not complete the work within the stipulated period and there had been delay in completion of work. Ultimately, because of delay, the respondent passed a resolution whereby it has been decided to terminate the agreement and accordingly a letter was issued to the petitioner which is Annexure R/1. This letter further stipulates that remaining work shall be carried out by the respondent on risk and cost basis. The resolution is placed on record as annexure P/4.