Home Maharashtra & Goa Major Set Back for Nisar Khatri, Irrigation Contractor’s plea dismissed in Supreme Court

Major Set Back for Nisar Khatri, Irrigation Contractor’s plea dismissed in Supreme Court

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Major Set  Back for Nisar Khatri, Irrigation Contractor’s plea dismissed in Supreme Court

By Aleem Shaikh

Irrigation Contractor’s plea dismissed in Supreme Court.

A Special Leave Petition no 22815/2017 before the Supreme court by KIDC against F A Enterprises challenging Bombay High Court’s order in Contempt Petition no 334/2017 originating from Writ No 404/2013.

In all these cases, both parties, KIDC and the contractor seemed to be working in collision and had attempted to portray that, with respect to the work done on the Kondhane dam, and made a case that the only issue was a contractual dispute pertaining to the quantum of work done and the amount to be paid to the contractor.

KIDC’s affidavit dated 8 Nov 2017 in the SLP states that works worth Rs 99.15 Cr has been carried out.

Irrigation Activist Ajay Mathankar filed intervention application stating that Court is being misleaded by both parties. He stated that the work of the project, which was kept on shelf, ought not to have been done at all and therefore no money should be paid at all. He also brought to the notice of the Court, the various illegalities and violations in the project. The tender had explicitly detailed that the work would be rendered illegal if due permissions were not taken.

Matter was heard on Friday by Bench headed by Justice Arun Mishra and Justice Shantanagoudar. Sr. Adv. Anand Grover and Adv. Aparna Bhat appeared and argued for the Intervenor. Upon being convinced with the merits in the facts stated by Ajay Mathankar, Court disposed off the SLP and has directed that the matter be considered by the Bombay High Court along with all the issues raised in Ajay Mathankar’s PIL no. 63/2012. The Court further recorded that in view of this order, the contempt petition is dropped. The Court has further recorded that the Bombay High Court will dispose the PIL as expeditiously as possible, preferably within 6 months.

This is a big win for Irrigation activists as the collision of KIDC and the contractors has been exposed.

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