TANTIA CONSTRUCTION COMPANY LTD. Vs. UNION OF INDIA THROUGH THE CHAIRMAN, RAILWAY BOARD, RAIL BHAWAN, NEW DELHI

JUDGEMENT

(1.) THE present writ petition has been filed for quashing the letter no. 280 dated 18.8.2008 issued by the respondent No.6, the Deputy Chief Engineer (Construction), Ganga Rail Bridge, East Central Railway, Digha Ghat, Patna and also for quashing the re -tender notice for the said work "at the risk and cost of the petitioner".

(2.) The later relief, as sought for by interlocutory application is as a consequence of re - tender issued during the pendency of the writ petition. The petitioner is a Company, which undertakes large civil construction work including for the Railway. It appears that over river Ganga at Digha in Patna, a railway - cum -road bridge is proposed to be made under the supervision of East Central Railway. Accordingly fresh railway lines have to be laid to the bridge under construction. This railway track is to cross the Bailey Road, which runs East to West from Patna - Danapur. On the said track, a road over -bridge giving a clearance of 15 mtrs. over the railway track had to be made.

(3.) IT appears that the railway first advertised for the construction of the same (road overbridge) and tender having been settled, the tenderer defaulted, as a consequence of such default, a fresh tender at the risk and cost of the earlier tenderer was issued being Tender No. 76/2006 -07. The estimated cost of this road overbridge was Rs. 15.42 crores. Petitioner responded and was selected and ultimately letter of acceptance dated 12/13.2.2007 was issued in favour of the petitioner. Petitioner 'stender was accepted at Rs. 19,11,01,221.84. Work was to be completed within fifteen months from the date of issuance of letter of acceptance i.e. 11.5.2008. On 30.4.2007 an agreement was entered into between the East Central Railway and the petitioner for the aforesaid work.