KIRORILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal filed by the plaintiff is directed against the judgment and decree of the Senior Civil Judge, Gangapur dated 15th September, 1965, disallowing his claim against State Governments of Rajasthan and Madhya Pradesh for recovery of Rs. 1,73,165/- as price of 20,80,000 c. ft. sand alleged to have been supplied to the State Government of Madhya Pradesh.

(2.) THREE questions arise for consideration in the appeal, The first is, whether the mining lease dated 20-3-1957, Ex. 6, executed by the Mining Engineer, mines and Geology Department, Government of Rajasthan, Jaipur, for the extraction of sand (Bajri) from Rameshwar Ghat, was a contract in conformity with Article 299 (1) of the Constitution and, therefore, a valid and binding contract came into existence; secondly, if the mining lease was not valid or enforceable on the ground of non-compliance of Article 299 (1) the Mining engineer was not a person duly authorised to enter into a contract in the name of the Governor, the plaintiff was still entitled to recover the price of 20,80,000 c. ft. sand extracted from the leased area, on the basis of quantum meruit under Section 70 of the Contract Act; and thirdly, whether, in any event, the plaintiff was entitled to a decree for Rs. 14,000/-as per the terms of the offer made by the Chief Engineer, Chambal Hydel and Irrigation Scheme, Madhya pradesh by his letter dated 28-2-1959, Ex. 29.

(3.) THE facts are not in controversy and may be shortly stated. The Chambal hydel Project was a joint venture of the State Government of Rajasthan and madhya Pradesh. For the construction of the project, the State Government of madhya Pradesh required huge amount of sand. The only source of supply was rameshwar Ghat of Chambal river in Tehsil Khandar, District Sawai Madhopur. The place was inaccessible from the Rajasthan side because of sand dunes and ravines and it was situate on the opposite bank of the Chambal river and the river could only be crossed by boats. The State Government of Madhya pradesh, therefore, constructed a temporary bridge at a cost of Rs. 15,000/from the Madhya Pradesh side up to the sand area, for the transport of the sand from Rameshwar Ghat to the Main Canal. For this purpose, it also laid a fair-weather macadam road of 7 1/2 miles in length to Main Canal chainage 2360 in mile 48 and the Executive Engineer, Canal Construction, Dn. 2, sheopur Kalan invited tenders for the transport of sand.