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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Re-Sustainability Ltd. – Appellant
Versus
Bhubaneswar Municipal Corporation – Respondent
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant writ petition is filed by the petitioner seeking a declaration that the actions of the opposite party (in short, ‘the BMC’) in not abiding by the terms of the Concession Agreement (CA) dated 6th November, 2013 at Annexure-1 is arbitrary, illegal and violative of Article 14 of the Constitution of India followed by a direction to the BMC to pay damages in the nature of compensation towards the injury caused to it due to such arbitrariness and illegality and realization of Rs.73,25,10,241/- (rupees seventy-three crores twenty-five lacs ten thousand two hundred forty-one) payable as on 30th November, 2023 along with interest, costs and expenses, pendent lite and future interest @ 9% per annum till such realization under the contract with such other reliefs granted on the grounds inter alia that such a direction with appropriate writs/orders to the BMC is necessary in the interest of justice.
2. In fact, the petitioner is aggrieved by the improper conduct and dealings of the BMC for denying it the legitimate contractual claims under the CA and to the contrary having imposed penalties in an arbitrary and unjustified manner and in complete ignorance o
State actions in contractual relationships must adhere to principles of fairness and non-arbitrariness as mandated by Article 14 of the Constitution of India.
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An authority must adhere to contract terms, including timely communication of penalties and an opportunity to rectify, or face quashing of arbitrary demands.
Point of law: Stated simply, 'unjust enrichment' means retention of a benefit by a person that is unjust or inequitable. 'Unjust enrichment' occurs when a person retains money or benefits which in ju....
Parties to a contract must adhere to its terms despite unforeseen circumstances like force majeure, and disputes arising from such a contract should be resolved through contractual mechanisms, not ju....
The power to issue prerogative writs under Article 226 of the Constitution is not limited by any other provisions of the Constitution. The High Court has the discretion to entertain or not to enterta....
The extraordinary jurisdiction of this Court can be exercised in view of the admission made by the 3rd respondent regarding payments to be payable to the petitioner.
Every case in which a citizen/person knocks at the doors of the writ court for breach of his or its fundamental rights is a matter which contains a “public law element”, as opposed to a case which is....
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