APARESH KUMAR SINGH, J. - (1.) Heard learned counsel for the petitioner, learned Government Advocate for the State and counsel representing the agency-respondent no. 8.
(2.) This matter related to execution of stretch of road under NH75 from Murisemar-Bilaspur to Garhwa Road and Parwa Road having a total length of 77.725 Km, as per agreement dated 18th January, 2011 to be completed within 20 months by 17th September, 2012. Petitioner approached this Court complaining of delay and tardy execution of work. Thereafter, the case was monitored by this Court and orders were passed from time to time, orders dated 9th October, 2017, 30th October, 2017, 8th January, 2018 and 7th February, 2018, are for ready reference in respect of directions passed in the matter and the extent of work executed by the Agency. On 7th February, 2018, the matter was adjourned also taking note of certain points raised by the respondent no. 8 in relation to small percentage of work said to be incomplete. Engineer In-charge of the Department was directed to look into the matter and arrive at a conclusion whether execution of the work is complete in all respects or not.
(3.) Both State and respondent no. 8 had filed their respective affidavits on 9th March, 2018. Executive Engineer, NH Division, Medninagar, in his affidavit, has made reference to several letters enclosed as Annexure-B series, asking the Agency to execute the work in its specification. According to State's affidavit, the contractor had not finished the side slope of the embankment as per the specification made in the agreement, which is necessary for the stability of the embankment. Notices had been issued to the contractor to rectify the defects. As per the respondent-State, progress of the work as on 5th March, 2018 was about 98% as per the requirement of the site. Respondent-Sate had deducted Rs. 3.14 crores from the running account bills since February, 2017.;