Nishikant Khajuria
Jammu, Jan 5: In a significant development, the Court of 2nd Additional District Judge Jammu today vacated the stay on Notice Inviting Tender (NIT) for the construction of new Government Medical College, Udhampur, thus paving the way for commencement of the GMC building work.
Vacating the interim direction passed by the court on July 7, 2020 and disposing of application of plaintiff M/s Vij and Anand Associates, 2nd Additional District Judge, Jammu, Virinder Singh Bhou ordered that the defendants are at liberty to go ahead with the on line offer of the NIT of April 21, 2020.
“I am constrained to hold that plaintiff is not entitled for confirmation in interim injunction granted by this court so far as relief claimed in the petition,” said Virinder Singh Bhou after considering the rival submissions of both sides and material on record.
The plaintiff, M/s Vij and Anand Associates, Bahu Plaza Jammu, through its proprietor Architect Anil Anand, had filed the suit on the ground the Executive Engineer Public Works (R&B), Division Udhampur, had arbitrarily and unconstitutionally copied the drawing and DPR prepared by the firm for Medical College Udhampur and issued the e-NIT No.01/2020-2021 of 4/2020, dated 21-04-2020 calling on line offers from consultancy firms for the purpose of establishment of new GMC at Udhampur.
Seeking injunction in its favour on account of theft of his artistic work by the defendant by making it available to other consultancy services, the plaintiff had sought confirmation of the interim direction dated July 7, 2020 till disposal of suit and also direction to the defendants to issue him the work.
The defendants included FC Health & Medical Education Department, Chief Engineer PW(R&B) Department Jammu, Director (Coordinator) New Medical College, J&K Jammu, Executive Engineer PW(R&B) Division Udhampur, Principal Government Medical College Jammu and Superintendent Engineer, PWD(R&B), circle, Udhampur.
The defendants, through their counsel Advocate Adarsh Kumar Bhagat, resisted the suit on preliminary and factual grounds and submitted that the plaintiff is not an owner of the copyright in the subsisting work in question. “Work of the plaintiff is a Government work and there is no contract between the plaintiff and defendants for the execution of the work and designs were prepared by the plaintiff on the direction and control of the Department of Health and Medical Education of Government of UT as well as Department of Health & Family Welfare of Government of India, which approved the project and he cannot avail remedy under section 55 of the copyright Act,” said Advocate Bhagat.
After considering the rival submissions of both sides and material on record, Judge Virinder Singh Bhou observed that on going through the preface of the NIT impungned, it is specified that nature of work to be executed includes providing comprehensive consultancy services for establishment of New Medical College at Udhampur and the bid document nowhere depicts that DPR/Designs prepared by the plaintiff have been ignored or displaced in the public domain, but it speaks of financial bid and technical bid through on line offers and further the said NIT also does not exclude the plaintiff from participation in the said bid.
“The plaintiff has no prima facie case at this stage to grant him relief of interim injunctive nature and also no balance of convenience exists in his favour and no irreparable loss shall be caused to him because he has remedy to claim cost/dues from the Government for the drawing/designs prepared by him and even it is fair offer of the defendants to the plaintiff to participate in the tender floated and even on legal premise there is a restriction to stall the construction of infrastructure projects, which are being constructed in for the welfare of the public at large,” observed the Judge.
However, the court also directed that the respondent shall not offer the drawings and DPRs prepared by the plaintiff to any other consultancy services for the purpose of clarification, copying and using the design by any other consultancy firm viz-a-viz the NIT.
“Defendants are at liberty to go ahead with the online offers of NIT No. 01.2020-21 and plaintiff may also participate in the tender process and he may also claim dues, if any outstanding against the defendants for preparation of drawings/designs in accordance with law,” said the court and vacated the interim direction.
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