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Rajneesh Mishra vs State Of Jharkhand And Ors. on 30 June, 2004

Jharkhand High Court
Rajneesh Mishra vs State Of Jharkhand And Ors. on 30 June, 2004
Equivalent citations: 2004 (4) JCR 364 Jhr
Bench: S Mukhopadhaya, L Uraon


ORDER

1. In pursuance of Court’s order, Mr. Kulwant Sahay, Chief Engineer, Building Construction Department, Ranchi, who is present in the Court, says that the Bar Bhawan shall be competed by 15th July, 2004 and immediate step shall be taken for construction of the boundary wall, which may take about 2 to 3 months time. The approach road shall be constructed by M/s. ADISONS Constructions Limited as per the agreement.

2. In the affidavit filed on behalf of the Arun Kumar Singh, Managing Director of M/s. ADISONS Construction Limited, Kolkata, the following statements have been made :

“4. That however even after inauguration, some touch up and additional work as may be suggested to be done shall be completed by M/s. ADISONS Construction Limited as and when desired.

5. That however, on 21.6.2003 the learned District Judge of Jamshedpur had given directions for secondary works which is continuing and majority of which is likely to be completed by 7th July, 2004. The following works have been entrusted and asked for on 21st June, 2004 which were not within the scope of agreement and as per the design.

—————————————————————————–

S.      Work Entrusted                          Present Position
No.

—————————————————————————–

(i)     Brick work below ramps on both           Completed
        sides 
(ii)    Statue of Blind Folded Lady with         In Progress
        balances 
(iii)   Finishing of arch with black granite     In Progress 
        tilling, steel letter writing etc.   
(iv)   Brick work, Chequerred tile fixing,      Partly Completed
        Grill works for protection of Flag 
        Hoisting facilities.
(v)     Brick and Grill between ramp and         work completed
        building.
(vi)    Separate water line connection and       Procurement of
        its arrangement for drinking water.      materials in
                                                 progress, Expected
                                                 completion 15th July,
                                                 2004.
(vii)   PCC work between building drain          Work in progress.
        and roads surrounding the building
(viii)  Grill work in passage area of            Time beyond 7th
        ground Floor, 1st floor and 2nd floor    July is required.
        and ventilators.
(ix)    Decision of colours in the ramps         Decision received
        and front sides in Flag Hoisting         on 21st June, 2004.
        area.                                    Work in progress.
(x)     Decision of Grill design of parking      Decision received
        on front.                                on 21st June,2004.
                                                 Work in progress.

—————————————————————————–

6. That M/s. ADISONS Construction Limited shall continue to do any other work/miscellaneous work as may be suggested and directed to them even after the inuguration or after the occupation of the building.

7. That M/s. ADISONS Construction Limited feels that after occupation, the occupier may desire some more changes, additions or alterations which is a continuing process and shall be done by the said Firm.”

3. It is also stated that the Department has withheld certain amount. The Company has asked for about Rs. 1.5 Crore on account of extra work.

4. Mr. Rajiv Ranjan appearing on behalf of M/s. ADISONS Construction Limited informed that water connection and other facilities as per the impugned agreement have already been completed. Additional arrangement is being made as per the work entrusted on 21st of June, 2004 as quoted above.

5. In the facts and circumstances, the State of Jharkhand particularly the officers of the Building Construction Department, including the Chief Engineer, is directed to ensure

(i) Completion of Bar Bhawan by 15th July, 2004

(ii) Completion of boundary wall of the newly constructed Civil Courts building, Jamshedpur, within three months

(iii) Handing over the newly constructed Civil Courts building by 15th July, 2004

The Chief Engineer, Building Construction Department, will also go through the affidavit, filed by the Managing Director of M/s. ADISONS Construction Limited and may give its comment by the next date.

however, the State will not disburse any amount to M/s. ADISONS Construction Limited till the building is handed over to the Court with an information to the Administrative side of this Court.

6. M/s. ADISONS Construction Limited in its turn is directed to complete the approach road by 10th July, 2004 and rest of the work, entrusted to it on 21st June. 2004 preferably by 15th July, 2004.

7. At the time of construction of boundary wall, if any hindrance is made, the Building Construction Department may take help of the District Administration. In such case, the Deputy Commissioner and the Superintendent of Police, Jamshedpur, will make immediate arrangement of force to ensure compliance of the Court’s order.

8. Let the progress report be submitted by 16th July, 2004 and the matter be placed ‘For Orders’ on 23rd July, 2004.

9. Let a copy of this order be handed over to the counsel for the parties.

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