Aparesh Kumar Singh, J. - (1.) In response to the supplementary affidavit filed by the petitioner on 20th October, 2016, respondent-State Highways Authority has filed the 3rd supplementary counter affidavit today. Respondent authority has some issues with the segment of road 19 K.M. to 23.500 K.M. proposed by the petitioner for resumption of work and completion within stipulated period of 30+15 days. It has, however, prayed for a direction upon the petitioner to propose some other stretch/segment of the road where no work has been done, to avoid disputes. It has also requested the Court to fix the date of start of the work. Besides that, some more suggestions/statements have been made.
(2.) Learned counsel for the petitioner, on instruction, submits that the petitioner is agreeable to propose a work programme for an independent segment of the road for resumption of work and its completion within the time schedule proposed by it. That work, however, would commence only upon approval of the design and drawing of the work which petitioner is ready to submit within a period of five days from today. Petitioner has also requested for release of the performance guarantee invoked by the respondent authority beyond the bank guarantee submitted for release of mobilisation advanced earlier, with an undertaking that it shall submit an unconditional bank guarantee in lieu thereof with the respondents. It is submitted that this would facilitate the petitioner to execute the work.
(3.) Counsel for the petitioner, on instruction, further submits that if the respondents so agree, in the interest of execution of the work in question, petitioner is ready to commence work for the already proposed segment of the road as per its affidavit dated 20th October, 2016 in order to show its bona fide and to ensure completion of the entire road within the time stipulated under the agreement. It is further submitted that there are four minor bridges which are to be constructed in the entire stretch of road which requires certain clearance from the respondent authority also. Work programme for that segment would also be submitted after the authority agrees to the proposed work programme of the petitioner.;