ADISONS CONSTRUCTIONS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS bunch of writ petitions, which are inter-connected, were taken up together for hearing and are being disposed of by this common judgment.

(2.) IN WP (C) No. 217 (SH) 2007 and WP (C) No. 218 (SH) 2007, the petitioner is challenging the validity of the cancellation of the contract works for construction of "provision of OTM ACCN for ARC at Shillong" and "provision of OTM ACCN for 58 GTD Happy Valley at Shillong". Whereas WP (C) No. 217 (SH) 2007 and WP (C) No. 218 (SH) 2007 pertain to fresh tenders issued by the respondent-authorities in connection with the aforesaid work orders.

(3.) THE case of the petitioner is that the respondent-authorities ought to have handed over open and clear sites to it much before the commencement of the work to facilitate mobilization of labours, machinery and materials and for erection of sheds for such mobilization, but the respondent-authorities could not hand over open and free sites before the date for commencement of the work order. As a result, it could not erect the required sheds for mobilization of men and materials. This led it to request the Garrison Engineer by the letter dated 16. 12. 2004 for allotment of suitable places for raising labour sheds for the work allotted in Phase-I and to vacate the building standing over the site. This letter was not even replied to, whereupon it on 21. 01. 2005 requested the Garrison Engineer to hand over the ARC headquarter building to expedite the construction work, which also remained unreplied. According to the petitioner, even after taking over possession of the sites on piecemeal basis, the approval of the layout of building or buildings by the concerned authority were necessary before actual commencement of construction work. Similarly, it was also necessary to provide electricity and water connection to the sheds by the respondent-authorities before commencement of actual construction work, but the sheds were provided to it only on 20. 03. 2005 i. e. after a period of five months. It is alleged by the petitioner that some delay was caused in the matter of according approval by the concerned authorities on the materials to be used in construction work : for example, on 28. 3. 2005, sand and stone chips were approved : on 19. 3. 2005, pest control was approved : on 12. 5. 2005, the concerned authorities forwarded the materials for M-30 design mix to IIT, Guwahati : on 22. 07. 2005, the respondent-authorities forwarded OPC-43 Grade Cement to Assam Engineering College for testing and approval etc. , all of which prevented the petitioner from starting the construction work in time.