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(b) Stipulated time for completion of contract is 36 months from the date of agreement; that entire site was not handed over; that designs and drawings were not supplied till 20.06.2015; that 3rd respondent concluded supplemental agreement after supply of designs and drawings and hence, the petitioner could not show work progress in initial period, in fact letters were addressed to 3rd respondent on 23.05.2015, 29.08.2016, 30.11.2016, 18.01.2017, 07.02.2017 and 27.02.2017 explaining the reasons for slow progress of work.

9. (a) 4th Respondent filed counter affidavit denying the averments in the writ petition and contended interalia that pursuant to issuance of drawings, petitioner started construction work and the building can be constructed without constructing portico, which can be constructed at a later stage; that columns are not connected to the main building work and it was brought to the notice of petitioner several times; that the contract agency has given the revised milestone programme on 06.05.2016, however the petitioner failed to stick on to the revised milestone programme; that the petitioner is proceeding with slow progress of work and the same was brought to the notice of agency by letters dated 18.11.2016 and 29.11.2016.

14. According to the petitioner, though the site was handed over on the date of agreement, however, the designs and drawings were not supplied till 20.06.2015. Respondents by filing counter affidavit denied allegations and would contend that as per M.Book recordings, GSB work is completed in the month of May, 2015 and thus, the authorities denied the allegations of the petitioner regarding non-supply of drawings and designs.

15. A perusal of material papers filed along with the counter affidavit would indicate that letters were issued to the petitioner about slow progress of work and in fact, in some of the letters it was also indicated that action will be initiated as per Clause 60 (C) of APDSS and as per agreement conditions. In letter dated 29.11.2016 issued by the Executive Engineer (R&B) to the petitioner, it was directed to accelerate and show considerable progress of work as per the programme, otherwise the department will not hesitate to take penal action as per Clause 60 (C) of APDSS.

By this time, you would have been completed Part-B, Slab 1 as per the programme of work given by you on 06.05.2016. It shows that your progress of work is behind the stipulated target. You have neither stick on to the revised programme nor stick on to the promise made by you during the District Level Monitoring Committee meeting held on 10.09.2016. Since this project is very prestigious project and it is need to accommodate all the 23 courts and judicial officers, offices, the motive of the project is defeated due to your slow progress and invites very much criticism from the Government and Judicial Officers. The image and decorum of the department has become shameful in the public as well as in the judicial department due to your slow progress of work only. Hence, you are directed to accelerate and show considerable progress of work as per the programme given by you within a week. Otherwise the department will not hesitate to take penal action as per clause 60 (C) of APDSS.