Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner was under an agreement to construct a high level bridge project over the Barakar river in Barbendiya village on Nirsa -Jamtara Road under Nirsa Block vide Agreement No. 03/2007 -08 dated 30.01.2008 awarded by Rural development Special Division. The work awarded on turnkey basis was to be completed within a period of 30 months i.e. June, 2010 from the date of work order dated 30.01.2008. Value of work was Rs. 36,87,000,00/ - (Thirty Six Crores and Eighty Seven Lakhs). Agreement is at Annexure -2 to the writ petition. Bridge in question consists of 56 Piers, 57 Slabs and 2 Abutments. Petitioner had constructed 56 Piers. 5 Piers got washed away on 18.08.2009, which petitioner attributes to heavy release of water from nearby Maithan Dam due to unprecedented rain for last 5 days in the rainy season.
(3.) Petitioner was asked to stop the work on 04.09.2009 by the Executive Engineer under instruction from the superior officers of the Department. Petitioner made representation showing its readiness and willing to complete the bridge as per agreement within the stipulated time of completion and without any further claim of cost. A committee comprising of Chief Engineer, Rural Development Special Zone, Ranchi, Superintending Engineer, Rural Development Special Circle, Ranchi and Executive Engineer, Rural Development Department, Special Division, Ranchi inspected the site on 23.08.2009 pursuant to the direction of the Secretary, Rural Development Department. As per report at Annexure -5, it opined that the incident was a result of failure of foundation as piers were not embedded on hard rock. Prima facie it showed act of negligence and fraud on the part of the contractor. Assistant Engineer and Junior Engineer were also found responsible in dereliction of duty in not ensuring their presence at the time of pilling of piers as per the specification and embedding on hard rock. It suggested proper scientific investigation by reputed Technical Institutions like BIT, Meshra, IIT, Roorkee, etc. so that no further accident takes place. It further suggested that ultra sonography of all piers be conducted for which services of AMIL Ltd. New Delhi, can be taken. It also suggested completion of work at the cost of contractor.;