SHRE GANESH CONSTRUCTION Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Normally in the commercial world, the resistance/ reluctance to adopt a new and better technology is due to economic reasons. Once a new and improved technology is sought to be introduced to improve the working, both qualitatively and quantitatively, which requires fresh investment, the contractors do make attempts to stall such decisions. In the Government sector, otherwise also there is a lot of resistance/reluctance to introduce change for betterment due to various factors and reasons. This case clearly represents resistance from the contractors who are in the business of taking government contracts for carpeting or re-carpeting the roads.

(2.) The dispute in the present writ petition is that whether the court should come to rescue of the road contractors who wish to continue with the use of drum/continuous hot mix plants for bitumen work. On the other hand, the Govt. insists that all contracts including composite work in which the cost of bitumen work is more than Rs.5 crores, it is mandatory to establish batch type hot mix plant. The Govt. claims that such type of hot mix plants are advanced, ensures better hot mixing of the bitumen and concrete which adds to the life of the road apart from being qualitatively better.

(3.) From the reading of the petition, it is apparent that the contractors are litigating in the Courts for the last five years, opposing the requirement of batch type hot mix plants. The first writ petition was filed by the Contractors in 2015 which was disposed of on 14.11.2017 directing the State to afford an opportunity of hearing to the contractors. In that writ petition, the Court was informed that the decision had been taken at a joint meeting chaired by Secretary, Department of Public Works, Punjab. The second writ petition, i.e CWP-7327-2018 was filed by the contractors claiming that no decision has been communicated by the State. This writ petition was disposed of on the very first day of the hearing, directing the State to take a decision within a period of two weeks. Pursuant thereto, after granting an opportunity, the Government took a decision that all the contracts including composite work in which the cost of bitumen work is more than Rs.10 crores, it shall be necessary for the contractor to install/establish batch type hot mix plant or have supply therefrom. After a passage of 2 years approximately, the Government took a decision on 29.1.2020 that the requirement of batch type hot mix plant would be applicable to all contracts valuing more than Rs.5 crores. Correctness of this decision taken by the Government has been assailed in the present writ petition.