POTSANGBAM JAMINIKANTA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This public interest litigation has been filed by the petitioner, who is a practising lawyer, seeking issuance of a writ of mandamus directing the respondents to complete the balance/remaining work for construction of Capital Complex (Civil Secretariat Component) at Mantripukhri, Imphal, so that the existing Manipur Secretariat may be shifted to the new building and there is no traffic congestion.

(2.) The case of the petitioner is that in October, 2010, the work for construction of Civil Secretariat was awarded to M/s.Simplex Projects Limited and since M/s.Simplex Projects Limited was not able to complete the construction work within the stipulated time, the contract was terminated vide letter dtd. 2/11/2019. Thereafter, on 28/12/2019, the Public Works Department issued a fresh Notice Inviting Tender (NIT) for the Civil Secretariat work, which was also challenged by M/s.Simplex Projects Limited and finally, this Court, vide judgment and order dtd. 13/1/2021 in W.A.No.39 of 2020, directed the parties to have a final joint measurement and after completion of the joint measurement, liberty was given to the State to proceed with the construction of the Civil Secretariat Complex by following the required formalities and procedures as provided by law.

(3.) Further case of the petitioner is that as per the joint measurement, the balance work estimation was determined and NIT for the work 'Construction of Capital Complex' at Mantripukhri was invited on 19/2/2021 till 15/3/2021 in two-bid system comprising of technical and financial bid. The fourth respondent M/s.Sri Avantika Contractor (I) Limited emerged as successful bidder and was awarded the work on 27/5/2021 within a condition to complete the work within 12 months and the contract agreement was also executed between the fourth respondent and the State. The execution of the work was also started by the said firm. However, the said balance work could not be completed by the said firm within the stipulated period and M/s.Sri Avantika Contractor (I) Limited requested for extension of time and the deadline for completion of the said balance of work was extended upto 30/9/2022. However, the work yet to be completed without assigning any reason. The non-completion of the said work till date is causing inconvenience to the general public passing through the eastern side of the present Manipur Secretariat. Hence, the petitioner has filed the present public interest litigation.