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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Re-Sustainability Ltd. – Appellant
Versus
Bhubaneswar Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. claim for damages and compensation (Para 1 , 2) |
| 2. statutory responsibilities under waste management regulations (Para 3) |
| 3. arbitrariness in actions of the bmc affecting petitioner’s rights (Para 4 , 5 , 8) |
| 4. judicial review of governmental arbitrary actions (Para 6 , 7) |
| 5. contractual obligations and public law standards (Para 10 , 11 , 14 , 16) |
| 6. determining claims based on contractual compliance (Para 18 , 19) |
| 7. justification for deductions and penalties imposed (Para 20 , 21) |
| 8. claims for losses not guaranteed under the contract (Para 22 , 23) |
| 9. payment obligations for services rendered (Para 24 , 25) |
| 10. need for fair consideration of claims (Para 26 , 27 , 28) |
| 11. final order directing resolution of claims (Para 29 , 30) |
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 t
State actions in contractual relationships must adhere to principles of fairness and non-arbitrariness as mandated by Article 14 of the Constitution of India.
Point of Law : Commercial Vehicles - Toll plazas/posts/barriers - Collection of Toll Tax – Whether rights of petitioner is violated - Conduct of parties is governed by the Contract Agreement and the ....
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.
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