Excelsior Correspondent
Srinagar, Nov 26: High Court today stayed the order of trial court whereby implementation of the water supply scheme was put on halt and directed the Public Health Engineering (Jal Shakti) Department to complete the tendering process and apprise the court about the same as also sought explanation from the higher ups of the PHE causing delay in water supply scheme.
Justice Ali Mohammad Magrey observed that the approach adopted by the court below in staying the e-tender notice bearing No. dated 23.01.2020, without realizing that the same has the effect of stalling the implementation of the water supply scheme for huge populated area of Kokernag in Anantnag District.
“Prima facie it appears that the only relief, which is available to the private contractors may be to claim the relief for breach of the contract, which in essence does not give them any right to seek performance of contract, as per the settled position of law”, court said.
The order of stay on tendering process was passed on 06.02.2020 by the Principal District and Sessions Judge, Anantnag, in a civil suit filed by two private contractors Mohammad Hussain Patoo and other.
Justice Magrey while staying the order of trial directed the PHE department to ensure completion of the tender process by or before the next date of hearing and apprise the court about the result. “The Chief Engineer, Jal Shakti (PHE), Department shall file affidavit, as directed well before the next date of hearing”, Justice Magrey directed.
Court was intending to seek explanation from the CE PHE for not challenging the order of stay by trial court on the water supply scheme and observed that the appeal against the trial court order is a delayed appeal filed after about 200 days, which needs plausible explanation.
When asked PHE counsel about the delay in approaching the court for vacating the order of stay passed by the trial court he submitted that the matter was brought into his notice only before 10 days and he has made endeavour and effort to challenge the order before this Court. “The endeavour and effort made by the Government counsel is well appreciated”, Justice Magrey said and condoned the delay in filing of appeal by Government against the trial court order.
Court while summoning the record of the trial court pertaining to the case, directed the registry to ensure that the records so called are obtained by asking Principal District and Sessions Judge, Anantnag, to send the same by special messenger/process server.
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