SHIV KUMAR Vs. CHIEF ENGINEER

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) PETITIONER was awarded a work by the Respondents, vide Agreement Annexure C -1. The work, which the Petitioner was to execute, was construction of a road. Site on which the work was to be executed was made available to the Petitioner. When the Petitioner was in the midst of the construction of the road, objections were raised by certain private land owners that the portion of the site, which was handed over to the Petitioner, had not been acquired and was still in the ownership and possession of those land owners. Those land owners obstructed the Petitioner from constructing the road. Because of such obstruction, the Petitioner could not execute the entire work. Now, the Petitioner claims money for the part work already executed as also compensation for non -execution of the rest of the work, for which he had allegedly engaged labour and deployed machinery and the labour and the machinery remained idle on the spot for quite some time.

(3.) RESPONDENTS have filed reply, in which it is alleged that the site having been handed over to the Petitioner, he cannot be heard to say that the road on that portion of the site, which is alleged by the private land owners to belong to them, on account of its having not been acquired, could not be constructed, because of the objections raised by such land owners and the obstruction caused by them.