HEERA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Lost in the legal ocean, like Ulysses in the Odyssey, the appellant has been waiting for his compensation for the last twenty years. Having entered into a contract with the Government of Rajasthan in 1987 for remodeling of earthwork, the appellant has been drifting from one Court to another; this case has travelled from the lowest to the highest rung of the judiciary. And the journey is still endless.

(2.) The appellant has challenged the order dated 28-2-2002 passed by the District and Sessions Judge. Karauli, whereby the learned Judge has set aside the Award dated 31-8-1995 passed by the Sole Arbitrator in favour of the appellant.

(3.) This case has a checkered history. In order to remodel the Panchana Canal, the Irrigation Department had invited tenders. On 16-7-1985, the Department granted a contract to the appellant for remodeling earthwork from Chain-71 to 87 of Panchana Irrigation, Sub-Division-I, Karauli for Rs. 5,76,352/- @ 40% of the G-Schedule. An agreement was executed between the appellant and the Department on 20-7-1987. According to the said agreement, the work assigned to the appellant was to be completed within six months from the date of the agreement, i.e. by 30-2-1988.