This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
OA.No.506 of 2020
OA.Nos.506 & 507 of 2020
and
A.Nos.2874 & 2875 of 2020
P.T.ASHA, J.
The matter was argued extensively by both the parties and thereafter a
consensus has been arrived at in order to ensure that there is no
inconvenience caused to the commuters and persons using the Foot Over Bridge. Therefore, the following orders on consent is passed.
OA.No.506 of 2020 2. The applicant in his affidavit filed in support of the application has
clearly stated as follows:
"The agreement has other works with
respect to platforms 10 and 11. I am not asking
any protection regarding the same as the site is yet
to be handed over to me. But as far as FOB and Escalator work on Gandhi Irwin Road side is concerned, I have completed the foundation work
1/4
OA.No.506 of 2020
and fabrication is also complete. What is left out
is only erection. Hence the present application
seeking protection for this limited portion of work
which is almost complete."
works with reference to Platform Nos. 8 and 9 have already been completed,
on recording the contents of the affidavit, the application is closed.
OA.No.507 of 2020
reference to others.
2/4
OA.No.506 of 2020
girders have not been done in a perfect manner and the work executed is of shoddy nature. Therefore in the interests of justice, it would suffice if the applicant would dismantle the girders that have now been put up for Escalator Nos. 7 to 9 at Gandhi Irwin Road side and metalize and re-erect
the same in the presence and subject to the inspection by the Railway
to see the text of the order but shall commence their work immediately. Considering the fact that it is an order which is passed on consent, the Court
is not expressing any opinion on the merits of the case. Consequently,
3/4
OA.No.506 of 2020
connected A.Nos.2874 and 2875 are closed.
03.12.2020
mrn
OA.Nos.506 & 507 of 2020 and A.Nos.2874 & 2875 of 2020
4/4
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
