Himachal Pradesh High Court
Asmita S. Thakur vs . State Of H.P. & Others on 25 May, 2023
Bench: Tarlok Singh Chauhan, Virender Singh
Asmita S. Thakur Vs. State of H.P. & Others .
CWPIL No.61 of 2022 25.05.2023 Present: Petitioner in person.
Mr. Anup Rattan, Advocate General with Mr. Ramakant Sharma, Additional Advocate General and Ms. Priyanka Chauhan, Deputy Advocate General, and Mr. Rajat Chauhan, Law Officer, for the respondents-State.
following orders:
r to On 23rd May, 2023, this Court passed the " The petitioner states that even after award of tender, the work for construction of Science Lab/Block has not commenced. This indeed is a serious matter, as the construction of Science Lab/Block in Government Senior Secondary Schools including the Government Senior Secondary School, Jangla, District Shimla, was approved by the State Government and administrative approval of Rs.41,34,20,000/- was accorded in favour of 70 Science Labs/Blocks vide letter dated 04.01.2007. As regards the administrative approval for the Government Senior Secondary School, Jangla, the same was accorded by the State Government on 04.01.2007 and administrative approval for a sum of Rs. 59,06,000/- for the construction of Science Labs/Blocks and an amount of Rs. 1,40,000/- was even sanctioned and released to the executing agency i.e. Executive Engineer, HPPWD Division, Rohru.
In the given facts, we deem it appropriate to direct Superintending Engineer, HPPWD, Rohru to file status report within 24 hours regarding the ::: Downloaded on - 26/05/2023 20:34:49 :::CIS -2- .
status of the work. Ordered accordingly. List on 25.05.2023."
2. Er. Rajeshwar Singh Jaswal, Superintending Engineer, 14th Circle HPPWD, Rohru, is present in person and has also filed the status report, relevant portion whereof reads as under:
r to "2. That in compliance to the directions passed by this Hon'ble Court it is respectfully submitted that the Executive Engineer, HPPWD Div. Rohru Distt. Shimla has informed vide his letter No. 2248-49 dated 24.05.2023 that the construction of building in Govt. Sr. Sec. School Jangla (Science Block) in Tehsil Chirgaon has been awarded to Sh. Narinder Raitka Govt.
Contractor amounting to Rs. 2,86,27,406/- vide letter No. PW-RD-AB-Tender/GSSS Jangla/23-24- 1730-35 dated 04.05.2023. The site has also been visited by concerned Assistant Engineer and Jr. Engineer alongwith contractor on 08.05.2023. The orientation of the building has been narrated to the contractor at site and was verbally directed to start the work immediately."
3. Para 7 of the reply-affidavit filed on behalf of respondents No.1 and 2 reads, thus:-
"7. That the detail of amount sanctioned by the respondent department for the construction of Science Lab./Block and released to executing ::: Downloaded on - 26/05/2023 20:34:49 :::CIS -3- .
agency i.e. Executive Engineer, HPPWD Division Rohru, District Shimla is as under:-
S. No. Financial Amount Remarks Year released
1. 2006-07 140000 An amount of Rs.
5906000/-against the
Administrative 2916000
2. 2007-08 1000000
approval of Rs.
5906000/- was
3. 2008-09 2916000 sanctioned and released
to executing agency.
4. 2010-11 1850000
Total 5906000
5. 2017-18 8500000 An amount of Rs.
1,03,00,000/- against the
6. 2018-19 500000 Administrative 400000
approval of Rs.
2,05,50,440/- was
7. 2019-20 400000 sanctioned and released
to executing agency.
8. 2020-21 500000
9. 2021-22 300000
10. 2022-23 100000
Total 10300000
Note: Total amount Rs. 1,62,06,000/- has been released to Executive Engineer, HPPWD Division Rohru, District Shimla against the Administrative approval of Rs.
2,05,50,440/- till date."
4. A perusal of the aforesaid would go to indicate that token amount of Rs.1,40,000/- was already there in the corpus of the HPPWD, so as to commence the work of construction of the Science Lab./Block. An additional amount would have conveniently been sought for thereafter. If this was not sufficient, an amount of Rs.10,00,000/- was, in fact, then released to the executing ::: Downloaded on - 26/05/2023 20:34:49 :::CIS -4- .
agency i.e. Executive Engineer, HPPWD Rohru, in the year 2007-08, an amount of Rs.29,16,000/- in the year 2008-09 and an amount of Rs.18,50,000/- in the year 2010-11.
Meaning thereby total amount of Rs.59,06,000/- had already been received by the Executing agency by March, 2011 itself, r yet the tenders were not invited. It is eventually, in the year 2017-18, when an additional amount of Rs.85,00,000/- was released to the executing agency, the tenders thereafter came to be floated. But unfortunately, even the same were not taken to its logical end till 24.5.2023. The work has been awarded on 4 th May, 2023.
The respondents are directed to file supplementary affidavit as to why, despite the aforesaid amount having been deposited, the process to invite tenders was not initiated.
We are informed at the Bar that only 2% of the tender amount is taken as earnest money. Obviously, this amount is too meager and cannot act as a deterrent to the contractor. Therefore, it is high time that the respondent-State re-considers this amount or else there would be persistent and consistent default in executing the projects. We are also of the considered view that the ::: Downloaded on - 26/05/2023 20:34:49 :::CIS -5- .
contractors, after having been awarded the contract cannot just get away with forfeiture of earnest money and rather certain other coercive and more deterrent steps like blacklisting etc., need to be resorted to.
In the given facts and circumstances, we deem it appropriate to direct the Chief Secretary to the Government of Himachal Pradesh to personally look into all these aspects, after associating all the stake holders.
Compliance affidavit in this regard be filed on or before the next date of hearing.
List on 15th June, 2023, on which date, the status of the work alloted to the contractor be also filed.
The presence of the Superintending Engineer, 14th Circle HPPWD Rohru is dispensed with.
(Tarlok Singh Chauhan) Acting Chief Justice (Virender Singh) Judge May 25, 2023(ps) ::: Downloaded on - 26/05/2023 20:34:49 :::CIS