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"23. The surplus excavated material (that cannot be used in the Works), shall be treated as Contractor's property. The Contractor shall be free to take away and make use of this surplus spoil (including rock spoil) in the manner he wishes to. However, the method of handling, transportation, place of storage, any processing/reprocessing at a plant (including its location) and its end use shall comply with all the rules and regulations in force including that pertaining to Occupational Health, Safety & Environment (OHS&E) etc and as approved by the Employer/Engineer. The Contractor shall submit a detailed proposal to the Engineer for seeking the Employer's/Engineer's approval for the same.
24. The muck/spoil that is acceptable and can be used at a later stage in the Works, shall be temporarily stockpiled in a dumpsite as proposed by the Contractor and agreed by the Engineer and the concerned regulating authorities with no extra cost to the Employer.

No extra land shall be provided by the Employer for such stockpiling.

25. The surplus muck/spoil (soil/spoil/material/building debris), which is not acceptable or cannot be accommodated for use in the Works or cannot be made use of by the Contractor for his own purpose, shall be disposed of at the approved dumping area(s) only duly fulfilling all the Contract stipulations including compaction to the desired levels to the satisfaction of the Engineer.

19 In light of these communications, we would refer to the communication addressed by the petitioner to the Collector, Mumbai City, seeking permission for excavation and transportation of the materials at different sites, while it was awarded the contract for design and construction of underground sections at five underground stations. The communications placed on record at Exhibit D-1 to D-5 sought permission for excavation and transport of the material from the project area, as the petitioner was to transport the excavated material from Mumbai City to Thane district and since it involved transportation of the excavated material to another district, it was necessary to have the transit passes by specifying the quantity of the excavated material and that is the reason why the permissions are sought, but it is not the case of the respondent no.3 that the excavated material was put to commercial use by the petitioner, as the petitioner engaged the sub-contractor for transportation of the muck/waste material, which was the surplus excavated material which was not used in the works and which was treated as the contractor's property Tilak 23/27 Dogas SOma.doc and the contractor was free to take away and make use of the surplus soil by ensuring the compliance of the rules and regulations in force, including those pertaining to occupational health, safety and environment. The contractor was duty bound to submit a detail proposal to the Engineer for seeking his approval.