PROJECT METALS AND MACHINERY GHAZIABAD Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) Petitioner was awarded a contract for operating parking lot for two wheelers and four wheelers by the respondent-Northern Railway over an area of 1643.02 sq. mtrs. near Outward Goods Shed in Shimla Railway Station with currency period 29/4/2024 to 28/4/2027 i.e. for duration of three years. The contract agreement also encapsulated 'additional special conditions for parking contract'. Condition No.2 thereof envisaged additional license fee chargeable for grant of additional area for parking and reads as under:-

(2.) Petitioner's grievance is to a termination notice served upon him by the respondents on 15/7/2025 on the ground that petitioner had applied for additional parking space, which if allotted, would make his total parking space as 2541.81 sq. mtrs. i.e. increase of 54.70% from the original area of 1643.02 sq. mtrs. Essentially for the reason that petitioner had applied for increase by 54.70% from the original allotted area, the respondents terminated petitioner's contract agreement on 23/2/2024. Feeling aggrieved, petitioner has filed this writ petition for grant of following substantive reliefs:-

(3.) Reply filed by the respondents refers to some violations of terms and conditions of contract by the petitioner in past and in having been imposed penalty of Rs.10,000.00 vide Annexure R-2 dtd. 29/7/2024, however, the same is not relevant for the purpose of controversy raised in the present petition with regard to termination of petitioner's contract agreement on account of his having applied for additional parking area. Respondents have further relied upon following clause 17.2 of 'Standard Conditions of Contract for the contracts awarded though e- auction':-