WP 7439/07 with CA 11261/08 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7439/2007 WITH CIVIL APPLICATION NO.11261/2008 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri S.B. Bhosale, Advocate for petitioners. Shri D.R. Kale, AGP for respondent nos.1 to 4. Shri Anand Chaware, Advocate for respondent nos.5 to 9. Shri I.S. Thorat, Advocate for respondent no.10. CORAM: D.B. BHOSALE & R.M. BORDE, JJ. Date: 04.02.2011 Heard learned counsel for the parties. In this petition, in the nature of public interest, the petitioners have made the following prayers: "(C) The respondent nos.3 to 9 may kindly be directed to initiate the inquiry proceedings against respondent no.10 relating to the de- standard construction work of the Sekapur WP 7439/07 with CA 11261/08 2 Storage Tank Tq. & Dist.Osmanabad by issue of writ of mandamus or any other appropriate writ, order or directions. (D) The respondents nos.3 to 9 may kindly be directed to initiate the enquiry proceedings against the authorities concern those who are colluded with the respondent no.10 in respect of de-standard construction of storage tank by constituting the Enquiry Committee and to take the serious and penal action against them and respondent no.10 by issue of writ of mandamus or any other appropriate writ, order or directions." During pendency of the writ petition, Civil Application No.11261/2008 was filed by the petitioners seeking direction to the respondents to stop work during pendency of the writ petition. The petitioners are the project affected persons. Admittedly, their lands were acquired for construction of the storage tank. In reply to the civil application, an affidavit was filed on 5.2.2009 by Godavari Marathwada Irrigation Development Corporation, Aurangabad, and in paragraph no.03.02, the Executive Engineer has stated thus: "The entire construction of the project is, by now, almost complete, save and except some incidental finishing touches and works. For last more than one year, the storage tank has been commissioned, and, witnesses peak storage of water was 2.697 Million Cubic Meters. In September, 2007, water over flown by 0.15 Metres over and above WP 7439/07 with CA 11261/08 3 the waste weir level. By end of April, 2008, the storage was equivalent to 36.14% i.e. 0.97 Million Cubic Meters. As such, the capacity of the dam has been exploited to the best possible. Despite, no any major leakages nor any seepages were observed. These respondents repeatedly inspected the site of the dam, and found the overall allegations to be incorrect and false. These respondents did not find the work to be of substandard quality, nor did they find any use of sub standard material. The works was inspected upon by these respondents from time to time, and necessary instructions for carrying the same out with desired quality were given to the 10th respondent in the "Work Visit Book". Work was supervised by these respondents to see that the desired quality is achieved. Reports given by the quality control about the quality of construction and the material used for the same, like sand and stone, cement, and mortar are annexed as Annexure - R - 5/9 to R/11 to the reply filed by these respondents to the writ petition. In addition, the contract with the 10th respondent incorporated a condition of the tender being Clause 10 A titled as Defect Liability Clause. Under this clause, the contractor can be called upon to rectify any defects noticed within 12 calendar months from the completion of works. Even if any discrepancy is noticed within the 12 calendar months from the completion of the work, the contractor is bound to rectify the same." The petitioners have not filed any rejoinder after this affidavit was served on them till this date. Having considered the contents of this paragraph, we are satisfied that the prayers in the writ petition can not be granted. Hence, the petition is dismissed. WP 7439/07 with CA 11261/08 4 Civil Application No.11261/2008 is disposed of. (R.M. Borde, J.) (D.B. Bhosale, J.) Dt/- 04.02.2011 ndk/c4211