Art Collection and Others vs Nagar Palika Parishad and Others

Alok Singh, J.—Undisputedly, vide tender notice dated 27.05.2011, sealed quotations were invited to construct wall mural & wall painting at various places in Mussorrie; petitioners submitted their quotations within time; quotation/rate submitted by the petitioners @ Rs. 6250/- per sq. feet was found to be the lowest, therefore, contract was awarded in favour of the petitioners; petitioners completed work within time and demanded money for the work done; vide letter dated 18.09.2012 Executive Officer, Municipality, Mussorrie, requested the Executive Engineer, PWD to guide the Municipality on the question of release of payment in favour of the petitioners; PWD told the Executive Officer of the Municipality that PWD never undertook such work to construct wall mural and wall painting, therefore, PWD was unable to quote the rates for the same work; thereafter, Executive Officer refused to release the payment in favour of the petitioners @ Rs. 6250 per sq. feet saying MDDA has got the same work done in the city of Dehradun and has released the payment to the contractor � Rs. 1394.05 per sq. feet, therefore, payment can be released in favour of the petitioners @ Rs. 1742 per sq. feet. Feeling aggrieved, petitioners has approached this Court. Since petitioners'' quotation/ate @ Rs. 6250 per sq. feet was accepted and contract was awarded to the petitioners @ Rs. 6250 per sq. feet, therefore, it was not open to the Executive Officer to reduce the agreed rate on the ground that MDDA has got the same work done and has made payment to the contractor @ Rs. 1394 per sq. feet.

Agreed rate of contract cannot be reduced on the ground that other agency has paid lesser rate, that too, after completion of work as per contract. In view of the above, writ petition is allowed. Respondent No. 1 is directed to release the payment in favour of the petitioner @ Rs. 6250 per sq. feet within 90 days from today, failing which petitioner shall also be paid interest @ 10% per annum from today till the date actual payment is released in favour of the petitioners.