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.