H.K.SAREEN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The plaintiffs, Shri H.K. Sareen, is a Building contractor duly enlisted with the Himachal Pradesh Pubic Works Department for execution of civil and electrical works.

(2.) In the year 1988, the defendants had issued a notice inviting tenders for the work of "Construction of main building for I.T.I, at Shimla, In response to such notice, the plaintiff had also submitted his tender. The tender of the plaintiff was accepted by the defendants on 12.9.1988 and the work was awarded to him. After the award of work, the plaintiff made all the arrangements for the immediate start of the work. Machinery, labour and other infrastructure was carried by him to the site. In terms of the contract, the plaintiff also constructed labour huts at the site and took up the work as per the directions of defendant No.2 the .concerned Executive Engineer and his subordinate staff. Since, there were as many as 16 trees in the site where the building was to be constructed and the necessary permission to fell such trees was not granted to the defendants, the. whole site could not be made available by the defendants to the plaintiff. In the part of the she, which was handed over to the plaintiff, he started the cutting and excavation work as per the directions of defendant No.2 in anticipation that the sanction for the felling of the trees and applied for by the defendants would be accorded by the time the cutting and excavation work in the available vacant site was completed.

(3.) The plaintiff was informed that the sanction to fell the trees would have to be obtained from the Central Government. The plaintiff, therefore, left with no alternative, had to stop the execution of the work awarded to him till such time the requisite sanction to fell the trees was obtained by the defendants.