present petition concerns the construction of a granular
sub-base („GSB‟) as described in bill of quantities („BOQ‟) 3.01. The said
BOQ item reads ... Page 1 of 12
"Constructing Granular Sub-base (GSB) using crushed stone
aggregate only conforming to Grading 1 of Table 400-1
complete
payable for a non-BOQ item i.e., Granular Sub-Base („GSB‟) for emergency
repairs and maintenance of shoulders and main carriageway ... dispute
that the work of the GSB was a non-BOQ item for which rates were not
specified elsewhere in the CA.
3. The genesis
contractor's claim for 150 mm thick layer as GSB drainage
layer called for a varied rate. Before the Tribunal, the claimant contended
that ... observes that BOQ item 3.01 covers complete work of
GSB. The item's description in BOQ embodies reference to
Grading 1 of Table
rates as per the above clause or not. Item 3.01 for
GSB as catered for in BOQ is 28793 cum against which the final
executed ... Committee in year 2003, for entire quantity of
three BOQ items namely GSB(3.01), WMM ( 3.02) WMM-
PCC (3.03) on the basis of recommendations made
towards the
balance payment for providing Granule Sub Base (GSB). It is
submitted that the respondent had paid towards 90% of the value for
providing ... GSB and the balance 10% had to be funded by the
petitioner. The petitioner was therefore entitled to refund of this 10%
amount once
claim
No.1.4 which related to payment of additional cost of GSB (Granular Sub
Base) and WMM (Wet Mix Macadam) in Profile Corrective Course ... profile
FAO(OS) 21/2017 Page 6 of 11
corrective course using GSB and WMM in certain stretches. However,
the payments were only made
Feasibility Report, the
Granular Sub-Base Material (in short, „the GSB‟) was available at the
maximum distance of 190 Kms, and assuming that ... Tribunal
erroneously quantified the claim with respect to additional
transportation charges for GSB taking the lead distance of 134 Km on
the basis of average
also
increased the royalty. In view of this, the increased rates for GSB and
WMM is to be paid accordingly...."
6. The reason ... extract of its letter dated 25.5.2002) for increased
rates vis-a-vis GSB and WMM was that the Supreme Court had banned mining
within
full width or part width
with approved materials:
(a) Lower Granular Subbase (GSB) as per Technical
Specification Clause 401 conforming to Grading-I of
Table
amended written
statement has disclosed its related entity M/s GSB. GSB
works for companies that have business in Delhi.
Case Law:
i. Teva Pharmaceuticals
