NORTHEAST CONSTRUCTION CO. Vs. UNION OF INDIA.

JUDGEMENT

(1.) Heard Mr. S. Dasgupta, learned counsel for the writ petitioner. I have also heard Mrs. U. Chakraborty, learned Special Senior Railway Advocate, appearing for the respondents.

(2.) The writ petitioner herein was awarded the contractual works of "(a) Construction of Relay, Battery, Generator room, ASM room, as per CE'S PLAN No.S/05/2007 at GLGT, NMGY, BLMR, BBGN, JTTN and CMA, (b) Construction of 2 Nos. Location hut at each station yard at GLG, NMGY, BLMR, BBGN, JTTN and CMA and (c) Construction of 1.22 m span RCC Box culvert for Br. No.58 at NMGY yard and Br. No.140 at BLMR yard in connection with Isolation and upgradation of Signaling". According to the Railway authorities, the petitioner could not complete the work despite several extensions granted to it as a result of which, by issuing the order dated 22.11.2017, the authorities had terminated the contract. Aggrieved thereby, the writ petitioner has approached this Court by filing the present petition inter-alia contending that there were changes in the drawings/specifications on several occasions at the instance of the respondents which had contributed to the delay in completion of the work. Moreover, the petitioner has also alleged that the respondents have withheld the payment of an amount of Rs.60 Lakhs (approx) which had seriously hampered the progress of the work.

(3.) Taking note of the facts and circumstances of the case and keeping the public interest in mind, this Court had passed an order dated 30.08.2018 seeking a response from the respondents as to whether even at this stage they would be open to granting one last chance to the writ petitioner to complete the work. Responding to the said order passed by this Court, the respondent Nos.1, 2 and 3 have filed an affidavit dated 07.09.2018 sworn by the Executive Engineer/TMR, Maligaon, inter-alia stating that keeping the interest of the passenger safety in mind and urgency of the work the Railway authorities are willing to grant extension for a period of two months to the petitioner to complete the work. Para 5 of the additional affidavit is reproduced herein below for ready reference :-