- (1.) HEARD learned Counsel for the parties.
(2.) THIS Public Interest Litigation has been filed by the Petitioner alleging that for supply of drinking water in the Giridih town though the project was supposed to be completed by the month of March, 2008 but was not completed even after extension of one year of time which expired in the month of March, 2009 and no substantial progress is there. As per the information given to the Petitioner, when he sought information under the Right to Information Act, 2005, he came to know that only 25% of the work has been done by the Nagarjuna Construction Company, Respondent No. 5, even after extension of period of one year. On 04.09.2009, the State was given time to disclose whether the allegations made by the Petitioner are correct or not, then opportunity of hearing was granted to the said construction company and after number of orders passed by this Court the State cancelled the contract of the said construction company on 09.02.2011 and a new tender was floated on 07.05.2011.
(3.) THE counsel for the said company submitted that tender cost of the work has been shown to be Rs. 112.504/ - lakhs whereas according to the said construction company the work which was pending with the company was only to the tune of Rs. 20 lakhs and that can be completed by the said company within a period of 45 days. For this work even nine months time was granted to the new contractor against the total work of 45 days. The said company undertook to complete the work in 45 days upon which this Court vide order dated 18.05.2011, permitted the present construction company to complete the work and the process of inviting fresh tenders by the State Government in response to the notice dated 07.05.2011 was kept in abeyance after observing that this Court is not touching the issue with respect to any claim of the State or the contract with respect to the right of the State to cancel the contract and recover damages and the claim of the contractor of alleged wrongful cancellation of the contract in view of the fact that in this Public Interest Litigation the only question involved was with respect to the water supply to the residents of the Giridih town and this writ petition is not the adversary litigation between the contractor and the State.;