DB directives in Widening of Katra-Domail Road

Jammu Tawi, December 2
In a LPA filed against the judgment of Writ Court whereby Writ Court dismissed petition seeking quashment award of contract in favour of the 5th respondent by order dated 19.09.2015 pertaining to improvement (periodic renewal) of NH-1C (New NH-144) Domel-Katra Road from Km 5th to 10th for approximate cost of Rs.212.50 lac and for allotment of the said contract work to the appellant. Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Jutsice Tashi Rabstan after hearing both the sides observed that the Court will interfere where the facts taken as a whole could not logically warrant the conclusion of the decision-maker. If the weight of facts pointing to one course of action is overwhelming, then a decision the other way cannot be upheld. In this case as explained supra, the decision to award contract in favour of the 5th respondent was taken after taking note of his eligibility and capacity based on spot assessment and the said action cannot be found illogical. Hence the said judgment has no application to the facts of this case. With these observations court dismissed the LPA. JNF

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