IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

CIVIL REVISION No. 117 of 2005 BETWEEN:-

ND.GROVER ENGINEERS AND CONTRACTORS, 3, IDGAH HILLS-

462 001 (MADHYA PRADESH)

.....APPLICANT ( SHRI AMIT TATKE, ON BEHALF OF SHRI VIVEK DALAL LEARNED ADVOCATE FOR THE APPLICANT)

AND

1. THE STATE OF M.P. THROUGH THE SECRETARY WATER RESOURCES DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT DIVISION NO.1, WATER RESOURCE DEPARTMENT, DHAR (MADHYA PRADESH)

.....RESPONDENTS ( SHRI ADITYA GARG, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE)

CIVIL REVISION No. 512 of 2003 BETWEEN:-

1. THE STATE OF M.P. THROUGH THE SECRETARY TO THE GOVERNMENT OF M.P. WATER RESOURCES DEPARTMENT VALLABH BHAWAN, BHOPAL)

2. THE EXECUTIVE ENGINEER, WATER RESOURCE DIVISION NO.1 WATER RESOURCE DEPARTMENT, DHAR (MADHYA PRADESH)

.....APPLICANT (SHRI ADITYA GARG, LEARNED COUNSEL FOR THE APPLICANTS/STATE)

AND N.D.GROVER, ENGINEER AND CONTRACTORS 3, IDGAH HILS (MADHYA PRADESH)

.....RESPONDENTS (SHRI AMIT TATKE, ON BEHALF OF SHRI VIVEK DALAL LEARNED COUNSEL FOR THE RESPONDENT This revision coming on for orders this day, JUSTICE VIVEK RUSIA passed the following:

Heard on : 22.09.2022 Order passed on : 16.11.2022 O R D E R The applicant/ contractor has filed the present Civil Revision No. 117/2005 and the State of M.P. has filed the present Civil Revision No. 512/2005 under Section 19 of the M.P. Madhyastam Adhikaran Adhiniyam,1983 against the Award dated 30.08.2003 passed by M.P. Arbitration Adhikaran, Bhopal in Reference Case No.111/1993. Since both the Civil Revisions arise out of the award dated 30.08.2003 passed by the M.P. Madhyatam Adhikaran, Bhopal hence, both are being decided by this common order.

The facts of the case, in short, are as under:

Facts of the case are being taken from Civil Revision No.117/2005 for deciding both cases.

1. Shri N.D. Grover is an Engineer and Contractor registered in A-B categories both in The Public work and the Water Resource Department State of M.P. Respondent No.1 is the Water Resources Department of State of M.P. and respondent No.2 is Executive Engineer, Water Resources Department Division No.1.

2. The respondents issued an NIT for work of construction of Malipura Tank, Dhar on 03.11.1988 on an item rate basis. The applicant quoted rates 44.366% below USR. The applicant submitted the bid and vide letter dated 10.04.1989 bid was accepted by Chief Engineer, Narmada Tapti Basin. Thereafter agreement No.8/T-89-90 was executed for an estimated contract cost of Rs.26,82,302.60. The Executive Engineer issued a work order to the applicant on 01.06.1989 to be completed within 18 months including three months of rainy season i.e. upto

31.05.1991.

3. According to the applicant, he submitted a construction program on 07.10.1989 and started the work as per schedule but the local tribals created a hindrance in the work as the Government did not pay the compensation to their land after acquisition. The applicant was attacked by the villagers led by Gangaram Sarpanch on 08.12.1989, which he reported to the police. According to the applicant, the local villagers are under impression that the land has been acquired by the Government without payment of compensation, and the department did not support him, hence it became impractical for him to give progress.

4. According to the applicant, he applied for advance payment on 14.11.1989 but the sanction was given by S.E. on 28.12.1989 which was the reason for the delay in starting the work.

The running bills were not paid to him within time and due to non- cooperation by respondent No.2 and his sub-ordinate staff, the progress could not be shown. The applicant executed the puddle trench except for a strip of 10 m length in the month of Feb.1990 itself despite that respondent No.2 vide letters dated 04.04.1990 and 09.04.1990 threaten him to take up the work of excavation of the puddle trench