GAYATRI PROJECTS LTD. Vs. NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION OF INDIA LIMITED

JUDGEMENT

(1.) By this writ petition, the petitioner has set the Court in motion for issuance of writ in the nature of mandamus or any other appropriate writ order or direction of the like nature for enforcement of the petitioner's right guaranteed under Part-III of the Constitution of India particularly, Article 14.

(2.) Learned senior counsel for the petitioner, Mr. C.T. Jamir, Anand Kumar and Angad Metha appears. For the respondent No. 1, Mr. D.K. Banerjee, learned senior counsel assisted by Mr. Moa Jamir appears.

(3.) Facts leading to filing of the present writ petition is that the petitioner came into contractual agreement on 22-04-2016 with the respondent No. 1 for the work of four laning of existing Dimapur-Kohima Road from design Km 152.490 to Km 166.700 (existing Km 156.000 to 172.900) excluding Dimapur and Kohima bypass in the State of Nagaland under SARDP-NE an engineering procurement and construction (EPC contract) for a contractual price of Rs. 340 crores. The petitioner was performing the contractual work as per agreement and it is stated that 70% of the contractual work had been completed. However, on 09-04-2021, the respondent No. 1 issued notice of intention to terminate the contractual agreement citing non progress of work by the petitioner. Thereafter, on 27-01-2021, the respondent No. 1 issued notice inviting Bid bearing letter NO. Bid/Package NHIDCL/Nagaland/DK3/BW/2021. Thereafter, notice inviting tender dated 31-03-2021 bearing letter NO. NHIDCL/RO-Kohima/Procurement/M&R/DK-III/2021-22/01. It is the case of the petitioner that the dismal performance of the petitioner is attributable to the non performance of the contractual agreement by the respondent and also due to varied reasons beyond the control of the petitioner. The following grounds for which the work could not be executed on time and which is not solely attributable to the petitioner;