SUBHASH THAKUR SON OF LATE SHRI SANT RAM Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY TO THE GOVERNMENT OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 9 of the Arbitration and Conciliation Act, 1996 (in short `the Act') for grant of interim measures as under:

(2.) ADMITTEDLY, the work relating to `construction of Mahog to Gawalpur road (+500)(L-093) KM 10/500 to 19/0 (SH:F/C 5/7 mtr. Wide road, C/D works, Prov. Essential Kharanja soling, Km stone, 200 Mtrs RD stone and tongo sign board) under PMGSY/BHARAT NIRMAN YOJNA (Package No. HP-08-117)' was awarded by the respondents in favour of the petitioner. The cost of the work was Rs. 73,37,127/-. The work was to be completed within 12 months. ADMITTEDLY, the petitioner had already executed approximately 30% of the work. However, the construction work of the road was stopped by the Forest Department for want of requisite clearance. It is the case of the respondents that the matter with regard to grant of forest clearance is in process.

(3.) THUS, it is manifest that further construction work of the road is held-up due to there being no forest clearance from the concerned authorities for which the petitioner cannot be held liable and rather it is upon the respondents to obtain such clearance. It being so, to my mind, there is no occasion for the respondents to recover the mobilization advance and machinery advance to the tune of 15% of the bank guarantee furnished by the petitioner in the sum of Rs. 8,66,318/-.