FAROOQ HUSSAIN Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) In this writ petition, the petitioner inter alia seeks quashment of decision taken by respondents 1 to 7 on 03.02.2016 in getting the construction work of new Government Polytechnic College in Poonch executed by respondent No. 8, namely, J&K Project Construction Corporation limited (hereinafter referred to as the Corporation). The petitioner also seeks writ of mandamus commanding respondents 1 to 7 not to allot the contract for construction of the Polytechnic College in favour of the Corporation as well as a direction to respondents 1 to 7 to handover the vacant site to the petitioner so that he can execute the contract. The petitioner also seeks suitable compensation/damages from respondents 1 to 7 for not handing over the site to him for construction of the Government Polytechnic College in Poonch. In order to appreciate the petitioner's grievance, relevant facts are set out hereinafter.

(2.) By a communication dated 25.10.2011, District Development Commissioner, Poonch had requested the Managing Director of the Corporation to furnish detailed project report for construction of the Polytechnic College in Poonch. The General Manger of the Corporation by communication dated 27.10.2011 informed the District Development Commissioner that the work could not be taken up for Polytechnic College in Poonch in absence of approach road to site of construction. The District Development Commissioner, Poonch accorded administrative approval for the work of approach road vide communication dated 24.01.2012 to the tune of Rs. 79.33 lacs. The Divisional Forest Officer, Social Forestry Division, Poonch by communication dated 16.02012 informed the Deputy General Manager of the Corporation, that in order to start construction work of approach road at Banwat in Poonch, the case need to be processed under the Forest Conservation Act and clearance is required to obtained from the competitive authority. Thereupon, the General Manager of the Corporation informed that the Director Technical Education by communication dated 20.07.2012 that the work of construction of approach road has been stopped and the Director Technical Education was requested to take up the matter with the Forest Department.

(3.) The Executive Engineer, Public Works Department (R&B) Division, Poonch issued Notice Inviting Tenders dated 22.11.2012, by which bids were invited from the approved and eligible Contractors registered with the State Government, Central Public Works Department and Railway for construction of workshop sheds for Government Polytechnic in Poonch at an estimated cost of Rs. 120 lacs. The time for completion of the project stipulated in the notice inviting tender was 12 months. The petitioner submitted his bid and an order of allotment dated 02.04.2013 was issued in his favour, by which the petitioner was allotted the contract for construction of workshop shed for Government Polytechnic College in Poonch.