VIJETA PROJECTS & INDUSTRIES LIMITED Vs. UNION OF INDIA
HIGH COURT OF JAMMU AND KASHMIR
Vijeta Projects And Industries Limited
UNION OF INDIA
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DHIRAJ SINGH THAKUR,J. -
(1.)The petitioner is aggrieved of the cancellation of its contract by the Chief Engineer, Military Engineering Services (MES) vide its order dated 18.03.2019. The order impugned is challenged primarily on the ground of arbitrariness.
(2.)Briefly stated, the material facts are as under:-
Pursuant to the approval accorded by the Government of India somewhere in November, 2000 a Multi-Storied Command Hospital with latest facilities was planned for construction at Udhampur. This was done with a view to provide the most modern facilities in the Northern Command Headquarters at Udhampur, considering the fact that the State was confronted with terrorism leading to casualties, which required immediate and modern medical backup and facilities. Accordingly, the work was stated to have been planned in two packages. The first package consisted of all Ancillary Buildings and External Services like provision of water supply, electric supply and also provision of a security wall to improve the security of the complex, while the second package consisted of :-
a. Multi-Storied Command Hospital Building for 650 beds with space for Crisis Expansion for 200 beds.
b. Married accommodation for Officers, JCOs/OR and NOS.
c. Single living accommodation for Officers/ Nursing Officers/ JCOs/OR and Trainees.
d. Unit accommodation for MNS Officers/JCOs Club/FWC and Religions Institute.
e. All internal services.
(3.)Admittedly, the contract for second package came to be awarded to the petitioner and a contract agreement dated 27.01.2011 was executed for an amount of Rs. 185,11,70,691. According to the agreement, the contract had to be completed within a period of 27 months commencing from 10.02.2011. The project, therefore, had to be completed by 09.05.2013.
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