The petitioner was awarded with the work of construction of the Forest Station Building at Ambanar in Pathanapuram Range. The agreement was executed on 11.12.2012. The time for completion of work was one year ie. on 10.12.2013. The petitioner submits that the site was handed over to him by the respondents only on 22.4.2013 and the foundation stone laying ceremony of the building was held on 23.6.2013. The petitioner submitted that he has partially completed the work. However, as per Ext.P5 proceedings, the third respondent cancelled the work at the risk and costs alleging delay on the part of the petitioner. Accordingly, the petitioner has approached this Court.
2. In this matter, the third respondent has filed a statement. It is admitted that the petitioner has completed 20% of the work and a part bill was prepared and disbursed to the petitioner. It is submitted that since the work is funded by the NABARD, it should be completed within the stipulated time, otherwise the fund will be lapsed. In spite of the several reminders, the petitioner did not start the work and no application for extension of agreement was also submitted. Accordingly, the authority was constrained to issue Ext.P5. It is further submitted that if the petitioner is prepared to undertake the work, he shall execute a performance guarantee of 30% of the balance work and based on that, the petitioner can undertake the work.
3. The learned Special Government Pleader submits that this is a work of urgent nature and if the Department fails to complete the work before 31.3.2015, the entire fund from the NABARD will be lapsed.
4. The learned counsel for the petitioner submits that he has no difficulty in executing the remaining work. However, he cannot be directed to provide the performance guarantee of 30% of the balance fund. The petitioner submits that there was no latches on his part.
5. Considering the fact that if the Department go for a fresh tender, it is likely to delay the matter and there is a likelihood of the fund being lapsed. The fact remains that there is some delay in handing over the site. Therefore, the petitioner cannot be fully blamed for delay in execution of the work.
Considering the facts and circumstances, I am of the view that the petitioner shall be permitted to complete the work on or before 31.3.2015 on condition that the petitioner shall execute the supplementary agreement undertaking that he will complete the work on or before 31.3.2015. In the facts and circumstances, the condition that the petitioner shall deposit 30% of the performance guarantee shall be waived. The petitioner shall execute supplementary agreement within ten days from the date of receipt of a copy of this judgment. The petitioner shall complete the entire work on or before 31.3.2015 and the petitioner will not be entitled to raise any other claim other than based on the original agreement.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln