DELHI HIGH COURT
PRADEEP NANDRAJOG, MUKTA GUPTA
Chennai-Ennore Port Road Co. Ltd. – Appellant
Versus
RDS Project Ltd. – Respondent
JUDGMENT
Pradeep Nandrajog, J.
1. A groyne is a rigid hydraulic structure built from an ocean/sea shore or from a river bank that interrupts water flow and limits the movement of sediment. It is usually made out of stone.
2. The National Highways Authority of India was to develop adequate road connectivity to major ports in India requiring Sea Protection Works. To ensure construction of groynes the appellant was the Special Purpose Company in the State of Tamil Nadu. The appellant used a stale data and this has resulted in avoidable litigation. Even a layman has knowledge of the fact that, just as sand dunes shift due to wind currents, so does the sea bed and especially at the shore. A survey conducted in the year 1999 and on the basis of the data collected a design prepared in the year 2000 by IIT Madras was used by the appellant to prepare the cross section of the groynes and based thereon a notice inviting tender was issued calling upon the prospective bidders to submit the rate to construct the groynes. Description of the items of work to be executed as also quantity was made known in the schedule to the tender documents. The bids had to be made as per the tender documents.
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