5. The background facts, leading to filing of the present appeal,
are adumbrated herein below:-
“The plaintiff is a Class I(A) contractor and the
defendant is a government contractor running a
proprietorship concern. On 16.05.2005, the defendant
obtained a work order from the PWD (Border Roads),
Government of Assam in respect of construction of IBB
bund-cum-road including security fencing along the Surma
river bank from Kinnerkhel to Harinagar, in Cachar and the
bid price was Rs. 2,48,33,396/- and the Executive Engineer,
Badarpur, BRC Division, vide letter dated 02.03.2006,
directed the defendant to commence the work so as to
complete the same by December, 2006. Since the defendant
could not execute the work properly due to resistance from
local people, against acquisition proceedings, the work could
not be executed. Thereafter, on 25.03.2008, the Government
of Assam notified the acquisition of land for construction of
the said road.