after
the award of the work, the petitioner started the work in right earnest on
January 4, 2012. The work was completed on December ... damage done by M/s NCC.
47. Despite knowing that the damage was done by M/s NCC, the
petitioner repaired the damage as asked
structure was 400 years old, and it might get damaged if work
was done without seeking the opinion of the experts. The entire cost ... because the structure was 400 years old,
and may get damaged if work was done without seeking the opinion
of experts.
47. While reliance
connection with some contract work and saying that he
(appellant) had damaged his work.
Hari Singh, Superintending Surveyor of Works appeared as
PW5. He deposed ... regard to some contract work
and that he had done damage to his work. From the evidence on record, it is
evident that firstly
reaches of main canal and distributories the C.C.
lining work has got damaged and scourages accured.
Since the said works is under maintenance period ... distributories."
(Emphasis added)
The Company communicated that the lining work has got damaged
and scourges have accrued. Since the work was under the
maintenance
awarding sum of Rs. 5,73,849/- for
redoing of protective works allegedly damaged due to an Act of God. He
submitted that though respondent ... dated 9.6.2011. respondent
during hearing submitted photographs of the damaged protective works due
to the landslides on intervening night of 27.6.2011 and 28.6.2011. Though
respondent
canals which are prohibited. Section 49 of the Act
deals with damaging irrigation works, whereas Section 52
of the Act deals with power to remove ... removal or cutting of or damaging trees in any way;
(k) other prescribed matters.
49. Damaging irrigation works:- (1) Whosoever
wilfully and without the permission
canals which are prohibited. Section 49 of the Act
deals with damaging irrigation works, whereas Section 52
of the Act deals with power to remove ... removal or cutting of or damaging trees in any way;
(k) other prescribed matters.
49. Damaging irrigation works:- (1) Whosoever
wilfully and without the permission
canals which are prohibited. Section 49 of the Act
deals with damaging irrigation works, whereas Section 52
of the Act deals with power to remove ... removal or cutting of or damaging trees in any way;
(k) other prescribed matters.
49. Damaging irrigation works:- (1) Whosoever
wilfully and without the permission
REIMBURSEMENT
OF LOSS CAUSED DUE TO DAMAGE TO WORK DONE
DUE TO HEAVY SNOWFALL.
CLAIM ... Reimbursement of 7,00,000.00 Nil
loss caused due to
damage to work
done due to heavy
snowfall
WORKS
EXECUTED BUT NOT PAID:
This claim is disallowed.
CLAIM NO. 4: LOSS OF PROFIT ON THE VALUE OF THE BALANCE
WORK UNEXECUTED ... REIMBURSEMENT OF PAYMENT TOWARDS THE
EXECUTION/RECTIFICATION OF CYCLONE DAMAGE WORKS:
This claim is disallowed.
CLAIM NP.8: PAYMENT TOWARDS LABOUR AND MATERIAL
ESCALATION PAYABLE
