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SANJAY KUMAR MEDHI
Bapojith Langthasa, S/O Shri Brajendra Langthasa – Appellant
Versus
State Of Assam, Rep. By The Comm. And Secy. To The Govt. Of Assam, Public Works (Building And National Highways) Deptt. – Respondent
JUDGMENT :
1. The legality and validity of a letter dated 15.09.2020 by which the contract of the petitioner has been terminated is the subject matter of this writ petition. However, before going to the issue to be decided, it would be convenient if the facts of the case are recorded in brief.
2. A Notice Inviting Tender was published on 22.11.2016, for Construction of S. R. Thaosen Media Centre at Haflong in the district of the Dima Hasao. It is the case of the petitioner that upon participation in the said tender process, the petitioner was duly selected and accordingly, a Letter of Acceptance dated 06.02.2017 was issued to him. According to the petitioner, after completion of the necessary formalities, he had started the execution of the work and had constructed 150 numbers of piles and 2 slabs including substantial brick works. As per the petitioner, he has completed about 45% of the work.
3. It is, however, the case of the petitioner that during the execution of the work, there were several hindrances, including non availability of Supervising Officer, non-payment of running account bills and various other circumstances as a result of which, the petitioner could not proceed with
Judicial review is permissible in contractual disputes involving public law elements, but the existence of an arbitration clause limits the scope of such review.
A party failing to comply with contractual terms may be subject to termination even if claiming force majeure circumstances.
The main legal point established in the judgment is that the conclusion of a contract can occur upon the award of work, and non-compliance with tender and contract terms can justify contract terminat....
The court emphasized that public authority's arbitrary termination of a contract without following due procedures violates principles of fairness and justness, meriting judicial intervention.
Contract termination invalid due to delayed, uncommunicated extension order despite genuine delay reasons; extension granted to original contractor.
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