Nirmal Chandra Rout v. State of Odisha
Case brief
What is this about?
In this writ petition, a contractor challenged the rejection of his claim for price escalation regarding minor minerals procured due to the closure of the designated lead quarry by the National Green Tribunal. The court held that the fixed rate restriction applied only to sand, not other minerals, and the contractor was entitled to claim variation due to the unforeseen impediment. The order rejecting the claim was set aside, and the opposing authority was directed to reconsider the representation pragmatically within six weeks. The case turned on the interpretation of specific NIT clauses versus standard bidding documents and the applicability of impossibility doctrines.
What did the court decide?
The Order dated 09.06.2022 and the decision in the Meeting dated 09.06.2022 are set aside. The Superintending Engineer is directed to consider the petitioner's representation dated 11.01.2022 afresh pragmatically within six weeks and communicate the decision on revised price variation at the earliest.