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21. DRB while rejecting the contention of NHAI was of the view that the design of geogrid is contingent to the height and area of facia panel within the prescribed length mentioned in the BOQ and based on the parameters/specifications as prescribed in the agreement, there was no change in the concept or design. Basically, the design submitted by the appellant was approved and accepted by the Engineer. Since the work was done as per the valid approved design, plea taken by NHAI that there was a change of form in terms of the wall heights and length of RE wall could not be evidenced by NHAI. After an in-depth analysis, DRB concluded that there was no change of form but only a working arrangement. The design having been approved after the full knowledge of the Engineer that enhancement in quantity to a large extent was involved and accordingly, the matter was referred by the Engineer for allocation of funds. Therefore, there was no variation as per Clause 51.1 or Clause 51.2 and hence payment as per the BOQ rate should be made for the entire quantity. Though NHAI had contended that appellant had changed the form and varied the design, this could not be proved in any way. Therefore, DRB held that variation in terms of Clause 51.1 could not be established. As such, DRB recommended that quantities of geogrid required, limited to the facia area, should be paid as per the BOQ rates.