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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT,IRRIGATION DEPARTMENT,GOVERNMENT OF KERALA – Appellant
Versus
K.S.LAL – Respondent
| Table of Content |
|---|
| 1. challenge to monetary decree for delay in construction. (Para 1 , 2) |
| 2. parties dispute on liability for delay. (Para 3 , 5) |
| 3. reasons for delay including local obstructive actions recognized. (Para 7 , 8) |
| 4. evaluation of extra costs based on relevant rates. (Para 9 , 10) |
| 5. partial liability leads to entitlement for reasonable compensation. (Para 11 , 12 , 13) |
Sathish Ninan, J.
The decree for money is under challenge in this appeal by the defendants.
2. The defendants issued Ext.B3 notice inviting tender for construction of MVIP Kuravilangad distributory from chainage 6400 metres to 7550 metres. The plaintiff was the successful tenderer. Ext.B1 is the agreement dated 05.10.2007, entered into between the parties, with regard to the work. As per the agreement, the work was to commence on 08.10.2007, and was to be completed before 07.10.2008. The plaintiff commenced the work. However, there was obstruction from the local residents against blasting of rocks. Such activity was necessary for carrying out the work in question. Due to such obstruction, the hard rock could not be removed by blasting and had to be carried out manually. This resulted in high labour charges and
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