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| HC orders to stop Bantalab-Barnai road construction, release of payment | | | BHARAT BHUSHAN
EARLY TIMES REPORT
JAMMU, Feb 17: In a case of publication of the tender notice for a work in a lesser known newspaper, a division bench of the state high court today directed the authorities concerned to forthwith stop
construction of Bantalab-Barnai road and release of payment in this regard.
The court directive came in a writ petition filed by A-class contractor Ashok Singh of Anand Vihar, Bohri Chungi. After hearing advocate Anil Sethi, who represented Ashok, Justice
Virender Singh and Justice Muzaffar Hussain Attar ordered the officials not to allow the private respondents to carry out further construction of Bantalab-Barnai road.
"Any payment due to them shall also not be released," the court ordered. In his petition, Ashok said even as R&B division-II was required to give wide publicity to the tender notice by getting it published in
reputed newspapers, it appeared in a "practically non-existent" newspaper.
For upgrading and widening Bantalab-Barnai road, the tender notice was issued by PWD executive engineer, R&B construction division-II, Jammu. The appropriate cost of the work was Rs 60 lakh and A-class contractors were eligible to apply for it.
The notice was published in "Daily J&K State Express" on July 3, 2010. In the absence of genuine competitors, the work was alloted on October 8 last year to M/s Tawi Road Builders, Chowadi, and M/s New Jehlum Construction Company through its proprietor Kamal Nain Singh of Kangar, Bhalwal.
The petitioner's grievance was that the notice had been published in an "unknown newspaper having a very limited publication".He contended that the officials were under a legal obligation to
publish it in a newspaper which had a wide circulation so that the eligible candidates could also apply for the work."The publication of the tender notice in a newspaper which has no
circulation denies me the right of consideration, violating article 14 of the Constitution of India," he added.He said the publication of notice in Daily J&K State Express had led to the violation of his right to participate in the tendering process.After hearing the counsels for two sides, the division bench observed that it was prima facie a case for issuing notice and for interim relief also.The case was likely to be listed again within two weeks.
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