1. - Brief facts of the case are that the Public Health & Engineering Department issued a tender on 14.12.2001 inviting bids for "Execution of transmission part of Chambal-Dholpur-Bharatpur Water Supply Project on Single Responsibility Basis i.e. Design (Selected Part) Build, Operation and Maintenance". The petitioner company submitted its bids that was found to be successful bidder and vide letter dated 15.11.2002 the respondent No.1 accepted bid of the petitioner company and awarded the work to the petitioner company.

2. As per acceptance letter and work order, the time of completion of the project was to reckon from 10th day of the issuance thereof i.e. 24.11.2002 and the execution period was 30 months i.e. upto 25.5.2005 and operation and maintenance period was 60 months.

3. The petitioner No. 1 commenced the work with effect from 24.11.2002 and started mobilization, survey, engineering etc. Then the work order dated 5.12.2002 was issued by the respondent No.3 in favour of the petitioner and agreement was also executed on 17.1.2003 between the petitioner and respondent No. 3.

4. The petitioner submitted that the work was a single responsibility turnkey job and the contractor/supplier is responsible for entire survey, soil survey, site reconnaissance, design, drawing, implementation, testing and commencing operation and maintenance of the work which envisaged the intake well and approach bridge, intake pumping station, raw water pipeline, raw water reservoir at intermediate pumping station, draw water (Raw) of take point, raw water reservoir and raw water pumping station at Mallah treatment plant, all components of power sub station of protection equipment, devices, alarms, meters, material plans, equipment or components thereof and all structures from intake well to Mallah terminal points rates etc. and include any addition, modification, alternations, replacement, repair as may be made thereto from time to time during operation and maintenance period.

5. It is also given out by the learned counsel for the petitioner that the total pipeline supplied is 35 km and over 25 km of pipeline has been laid, and over 18 km of pipeline had sectionally been tested and balance 10 km of pipeline is lying at site and could not be laid due to want of land.

6. Work of cutoff wall between intake to Sagarpada is approximately 60% complete and details of other works is also mentioned as under:-SAGARPADA HEAD WORKS

RWR Sagarpada:- Approximately 40% work has been completed.

Inlet structure of RWR Sagarpada:- Approx. 50% work has been completed.

Outlet structure of RWR Sagarpada:- Approx. 20% work has been completed.

Type IIIrd Quarter:- Out of 2 No. Quarters, both have been competed up to roof level (roof laid). Approx. 60% work is completed.

Type IVth Quarter:-Out of 4 No. Quarter, only two quarters has been completed up to roof level/roof laid (Approx 60% work is competed for 2 qtr. Only).

Type V Quarter:- Out of 8 No. Quarters, all Quarters have been completed up to roof level/roof laid (Approx. 6% work is competed).

Inspection Bungalow:-Roof has been laid. Approx. 60% work is compete. Boundary Wall: Approx 90% work is competed; main gates etc. are still to be fixed.
MALLAH HEAD WORKS

RWR is around 60% competed.

Inlet chamber of RWR is 85% competed.

Outlet chamber is completed about 5%

For 2 Nos of Clariflocculator of 36 mtrdia outer wall has been completed.

Mechanical components for 3 nos of clariflocculator has been procured.

15 nos. of Butterly Valves is procured.

Boundary wall : Approx. 90% work is completed; main gates etc. are still to be fixed on 28 April, 2005 the respondents directed the petitioner No.1 to stop execution of further work and Essar had protested the same.

7. The learned counsel for the petitioner also submitted reasons as to why the petitioner company could not complete the work well within time schedule as the following obstructions are caused to perform the work:

i. In or about, January, 2003, the petitioner no.1 had submit