Plumule Agro Thr. Its Partner, ... vs Govt. Of Nct Of Delhi Thr. ...
2009 Latest Caselaw 4393 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 7907/2007

PLUMULE AGRO THROUGH ITS PARTNER,
PRAVEEN KUMAR                      ... Petitioner
                   Through    Mr. M.L. Lahoty, Adv.

                   Versus

GOVT. OF NCT THROUGH ITS EXECUTIVE
ENGINEER, IRRIGATION AND FLOOD
CONTROL DEPARTMENT, NEW DELHI         ... Respondent
                      Through   Mr. Nazimi Wazir, Standing Counsel
                                with Mr. Shoaib Haider, Advocate.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                              ORDER

% 29.10.2009

The petitioner herein was awarded a contract for plantation of

33, 000 trees and their maintenance for a period of three years in 84 acres

of gram sabha land in village Jaunapur, Dellhi. The tender was allotted to

the petitioner as he had offered and quoted tender cost of Rs. 60,01,270/-

, which was 36.58 % below the estimated cost of Rs.94,68,570. It is a

contention of the petitioner that he completed the plantation work as per

the contract and in coordination of the Department of Forests,

Government of NCT of Delhi. In this regard, the petitioner has relied upon

certificate counter signed by the Deputy Conservator of Forests (South),

WPC NO.7907/2007 Page 1 Tugalkabad, New Delhi. The petitioner claims that maintenance work was

completed on 9th May, 2005. It is the contention of the petitioner that the

respondents have made payment for the plantation work, but no payment

for maintenance has been made and a balance of Rs. 33.01 lacs is still due

and payable. In this connection, counsel for the petitioner has drawn my

attention to the letter dated 7th June, 2006, written by Executive Engineer,

Civil Division-5 to the Block Development Officer (South). He relies upon

the contents of this letter as well as other correspondence placed on

record.

2. The respondent, GNCTD in their counter affidavit have accepted

award of contract to the petitioner and the consideration mentioned

therein. It is, however, claimed that the progress of work was not as per

the contract. In this connection, reference is made to the letter dated 30th

May, 2005 and other letters written to the petitioner. It is submitted that

before release of payment Deputy Conservator of Forests as per clause 25

of the contract is required to inspect the site and identify that the work

has been executed satisfactorily. The said of the clause reads as under:-

"25. The work shall be executed at site in coordination with the department of forest. The modes of execution shall also be supervised by the authorized staff of forest department. Before releasing payment the DCF shall inspect the site and identify that

WPC NO.7907/2007 Page 2 the work is being executed satisfactorily."

3. In view of the stand taken by the respondents, directions are issued

to the Deputy Conservator of Forests (South) to inspect the site in

question and submit his report to the respondents. After the report is

submitted, the respondents will take further action in terms of the

agreement. In case the petitioner is aggrieved by any action of the

respondents, he will be entitled to ventilate his grievance in accordance

with law. The inspection exercise will be completed within two months

from the date copy of this order is received.

With the aforesaid observations, the writ petition is disposed of.

SANJIV KHANNA, J.

      OCTOBER 29, 2009
      NA




      WPC NO.7907/2007                                                Page 3