STATE TIMES NEWS
JAMMU: Taking serious note of the approach adopted by Court below, in staying e-tender notice bearing No. 28/PHED/Bijbehara of 2019-20 dated January 23, 2020, Justice Ali Mohammad Magrey issued notice and impugned order dated February 6, 2020, passed by the Principal District and Sessions Judge, Anantnag, in a civil suit bearing File No. 08/Misc titled Mohammad Hussain Patoo and Anrs Vs. UT of JK and Ors. The court directed that appellants shall ensure completion of the tender process by or before the next date of hearing and apprise the Court about the result. The appellants as also the Chief Engineer, Jal Shakti (PHE) Department shall file affidavit, as directed well before the next date of hearing.Justice Ali Mohammad Magrey observed that the Court below adopted the approach without ealizing that the same has effect of stalling implementation of water supply scheme for huge populated area of Kokernag and prima facie it appeared that the only relief, which is available to respondents may be to claim the relief for breach of the contract, which in essence does not give them any right to seek performance of contract, as per settled position of law.Executive Engineer, Jal Shakti, (PHE) Division, Bijbehara, District, Anantnag, is stated to have invited tenders for execution of laying and fitting of Supply Main/Washout 500 mm dia DI WSS Junk of pipes WSS Kokernag vide No. 29/10110-35, dated January 25, 2014 and 10800-808 dated February 14, 2014 for and on behalf of Governor of J&K on item rate basis for laying and fitting of supply of main/washout 500 mm dia DI WSS Junk of pipes WSS Kokernag and laying and fitting of 450 mm dia pipes for washout arrangements near 5.00 lakh gallons RCC SR for water supply scheme, removal of junk of pipes from Kokernag spring.The respondents-plaintiffs being successful bidders were allotted the said work by the department and the allotment issued in their favour, as stated, they have not executed the work as per the terms and conditions of the contract/agreement, therefore, forming the reason for the appellants to cancel the contract and initiate fresh process of allotment of the contract, accordingly, the Executive Engineer vide NIT No. 21/PHED/Bijbehara of 2019-2020 dated 16.11.2019, invited e-tenders placed at serial No. 3 of the said tender notice, whereby the already allotted work of laying/fitting of supply main washout supply dia 500 mm dia DI WSS Junk of pipes, which process is challenged by the respondents before the Principal District and Sessions Judge, Anantnag, in a civil suit bearing File No. 08/Misc titled Mohammad Hussain Patoo and Anr. Vs. UT of JK and Ors., for cancellation of re-tendering work. The Court below in terms of impugned order dated 06.02.2020, without providing opportunity of filing objections and engaging the counsel, stayed the operation of the impugned tender notice bearing No. 28/PHED/Bijbehara of 2019-20 dated 23.01.2020, issued by the Executive Engineer, to the extent of serial No. 2 till next date of hearing.The Court at this stage, while noticing the benefit of scheme for supply of water to each household of Kokernag, considered it proper to pass appropriate orders, but while doing so, the Court also sought personal affidavit of the Secretary to Government, Jal Shakti (PHE), department, as also the Chief Engineer, Superintending Engineer and Assistant Executive Engineer, Jal Shakti (PHE), department, as to why the scheme, which is sanctioned in 2013 for supply of water to the huge population of Kokernag, got delayed for about seven long years. “The appellants owe explanation, as not only public exchequer but public interest is involved. The appellants while filing such affidavit shall indicate the steps taken by them from time to time for ensuring the completion of scheme for supply of quality water to the area covered under the scheme,” he observed.
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