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TMI Blog2009 (9) TMI 910X X X X Extracts X X X X X X X X Extracts X X X X ..... reed that paint marking on the highway is a requirement for opening the highway for traffic under the instruction issued by the Ministry of Surface Transport, such marking does not constitute part of the construction of the road. In the first place, marking is done after completion of the construction of the road and it is awarded under separate contract. In fact, the existing roads are also marked with paints and it is invariably done when the road is declared as national highway or State highway. Therefore, paint marking is essentially a regulation introduced for smooth and safe vehicular traffic and it is not a part of road as a structure. In fact, ever so many roads are constructed and maintained in the State without any paint marking, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings with zebra marking and also arrow indications on the road. While the case of the State is that the road marking through thermoplastic paint is a painting work done after construction of the road and an independent contract, awarded to and executed by the respondent, the case of the respondent is that the road work was done by the managing partner of the respondent-firm and even though the work is separately awarded, it constitutes an integral part of the road construction work. The Tribunal accepted the contention of the respondent that marking with paint is a requirement for the national highway and so much so, the construction of the road is said to be complete only when markings are done on the road and accordingly, declared the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lause, civil work includes not only construction, but repair or maintenance of buildings, bridges and roads, runways, dams, canals, wells, ponds, swimming pools and similar works notified by the Government. It is to be noted that the Explanation provides for exclusion of certain items from the scope of civil work which includes painting. However, it is very clear from the Explanation that exclusion of certain items of work are those carried out to the existing structures. Therefore, the exclusion clause obviously does not cover construction work, but only covers such work which falls within the description of repair or maintenance. In other words, even though the items of work like replacement of floor tiles, painting, polishing, etc., coul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e agree with the contention of counsel for the respondent that paint marking on the highway is a requirement for opening the highway for traffic under the instruction issued by the Ministry of Surface Transport, we are of the view that such marking does not constitute part of the construction of the road. In the first place, marking is done after completion of the construction of the road and it is awarded under separate contract. In fact, the existing roads are also marked with paints and it is invariably done when the road is declared as national highway or State highway. Therefore, paint marking is essentially a regulation introduced for smooth and safe vehicular traffic and it is not a part of road as a structure. In fact, ever so many ..... X X X X Extracts X X X X X X X X Extracts X X X X
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