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Rajesh Aggarwal & Others v/s M/S Purvanchal Construction Works Pvt. Ltd. & Others

    Miscellaneous Application No. 672 of 2021 in C.A. No. 2818 of 2020

    Decided On, 03 September 2021

    At, Supreme Court of India

    By, THE HONOURABLE DR. JUSTICE D.Y. CHANDRACHUD
    By, THE HONOURABLE MR. JUSTICE VIKRAM NATH & THE HONOURABLE MS. JUSTICE HIMA KOHLI

    For the Petitioners: Rajesh Aggarwal, Dr. Rajiv Nanda, AOR, Dr. B.K. Dash, Puneet Bhatnagar, Mridul Aggarwal, Deeksha Aggarwal, Advocates. For the Respondents: Tushar Bakshi, AOR, Sadhana Sandhu, Sangeeta, Vikas Singh, Sr. Advocate, Vinay Kumar Garg, Sr. Advocate, Dr. Abhishek Atrey, AOR, Neeraj Kumar Sharma, Umesh Babu Chaurasia, Arun Kumar Mishra, Shailendra Tiwari, Ambika Atrey, Priyanka Sharma, Vikas Singh, Sr. Advocate, Sunil Kumar Verma, AOR, Mithilesh Kumar Singh, Neeraj Tripathi, Pramod Kumar, C.P. Rajwar, Mukta Sharma, Shailendra Tiwari, B.S. Rajesh Agrajit, D.M. Sinha, Rashmi Sinha, R.K. Dhillon, R.L. Roy, J.K. Chawla, Amit Singh, Sachin Datta, Sr. Advocate, Dr. Farrukh Khan, Ejaz Maqbool, AOR, Akriti Chaubey, Anusuya Sadhu, Pallavi Pratap, M/s. Pratap And Co., AOR, Dhruv Dewan, Rohan Batra, AOR, Dhruv Sethi, Chandni Ghatak, Rajesh Tyagi, Shashi Kiran, Sadhana Sandhu, Tabrez, Mohd.Usman Siddiqui, K.K. Ahuja, D.K. Bagga, R.K. Rathore, Sangeeta, Aisha Siddiqui, Sakeena Quidwai, Mohd. Asim, Dhruv Kapoor, B.S. Randhava, Manoj Jain, J.B. Malik, Manoj Jain, P.D. Tiwari, Arjun Sain, J.K. Chawla, Col. R.Balasubramanian, Sr. Advocate, M.A. Chinnasamy, AOR, C. Rubavathi, M. Veeraragavan, Ch. Leela Sarveswar, V. Senthil Kumar, P. Rajaram, Advocates, Sibo Sankar Mishra, AOR.



Judgment Text

1. In pursuance of the order dated 19 July 2021, a report has been submitted by Ms Gita Mittal.

2. We have heard a wide range of submissions and viewpoints on behalf of the counsel representing different segments of the Supreme Tower Apartments Owners Association, including by Mr Vikas Singh, senior counsel and by Mr Rajesh Tyagi, Mr Vinay Kumar Garg and Mr Sibo Sankar Mishra. Mr Sachin Datta appeared on behalf of the contractor, M/s Purvanchal Construction Works Pvt Ltd.

3. Having regard to the report which has been submitted to this Court, we accept the plea for the work being handed over to IIT-Delhi and WAPCOS Ltd. in terms of the option which was placed before and the view of the General Body, as reflected in the report.

4. Mr Sachin Datta, Senior Counsel appearing on behalf of the contractor, Purvanchal Construction Works Pvt Ltd, submits that the charges which are payable by the contractor should not be open ended and some modalities for verification should be provided as a measure of assurance in regard to the reasonableness of the quantum of charges.

5. Mr Prabhakar Singh, former Director General of the CPWD is appointed under the orders of the Court to certify the bills which are submitted to the contractor for the PMC charges. The verification shall be done to ensure that the bills as submitted are in consonance with the CPWD guidelines on PMC charges. The fee which is payable to Mr Prabhakar Singh shall be borne by the contractor againstthe actual work done for certification of bills.

6. It has been agreed that the agreement on behalf of the Supreme Tower Apartments Owners As

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sociation shall be signed by the Honorary Secretary of the Supreme Court Bar Association. 7. The Miscellaneous Application along with all pending IAs shall stand disposed of.
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