Gauhati High Court
D2S Infrastruture Pvt. Ltd vs Union Of India And 7 Ors on 15 February, 2022
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GAHC010294202019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8899/2019
D2S INFRASTRUTURE PVT. LTD.
REP. BY ITS MANAGING DIRECTOR MR BASANTA KUMAR BARMAN,
SITUATED AT REGD OFFFICE PRESENTLY AT H NO. 75, PIYALI PHUKAN
ROAD, REHBARI, GUWAHATI- 781008, P.S- PAALTAN BAZAR, DIST-
KAMRUP(M), ASSAM
VERSUS
UNION OF INDIA AND 7 ORS
REP. BY THE SECRETARY, MIN OF DEVELOPMENT OF NORTH EASTERN
REGION, GOVT OF INDIA, VIGYAN BHAWAN ANNEXE, MAULANA AZAD
ROAD, NEW DELHI- 110011
2:THE DIRECTOR
MIN OF DEVELOPMENT OF NORTH EASTERN REGION
GOVT OF INDIA
VIGYAN BHAWAN ANNEXE
MAULANA AZAD ROAD
NEW DELHI- 110011
3:THE ADDITIONAL CHIEF SECRETARY
PLANNING AND DEVELOPMENT DEPTT UNDER GOVT OF ASSAM
DISPUR
GUWAHATI- 781006
4:THE PRINCIPAL SECRETARY
PLANNING AND DEVELOPMENT DEPTT UNDER GOVT OF ASSAM
DISPUR
GUWAHATI- 781006
5:THE ADDL DIRECTOR (PP)
TRANSFORMATION AND DEVELOPMENT DEPTT UNDER GOVT OF
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ASSAM
DISPUR
GUWAHATI- 781006
6:THE PRINCIPAL SECRETARY
PLANNING AND DEVELOPMENT DEPTT
BTC
KOKRAJHAR
ASSAM
7:THE ADDL CHIEF ENGINEER
PWD
BTC
KOKRAJHAR
ASSAM
8:THE EXECUTIVE ENGINEER
PWD
BTC
KOKRAJHAR
ASSA
Advocate for the Petitioner : G UDDIN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
Order
14.02.2022
Heard Mr. G Uddin, learned counsel for the petitioner. Also heard Mr. S
Bora, learned standing counsel for the BTC and Mr. D Nath, learned standing
counsel for the PWD.
2. This writ petition under Article 226 of the Constitution of India whereby the
petitioner who was issued a project work namely "Construction of Fly Over at
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intersection of Prathamesh Baruah Road and N.F. Railway track at Bijni Town
under NLCPR" vide its work order No. CS-II/BTC/MLCPR/2011-12/9 dated
16.03.2012 issued by the respondent No. 7 with construction value of Rs.
18,66,22,616/-. The petitioner submits that he has completed the work on
15.01.2016 and accordingly completion certificate was issued to the petitioner.
The petitioner submitted its final bill of Rs. 18,33,66,966/- out of which
petitioner received time and time in total of Rs. 17,73,16,169/- and the rest
amount of Rs. 59,90,797/- is still due to the petitioner. Due to non-payment of
the aforesaid outstanding bill amount, the petitioner has approached this Court
under Article 226 of the Constitution of India.
3. Mr. Bora, learned Standing Counsel, BTC has submitted that though from the
documents annexed to this writ petition it is prima facie reflected that the
petitioner had completed the Contract-Work, but still there is requirement for
verification of the matter. It is submitted that a decision has been taken by the
respondent BTC authorities to examine all the pending claims relating to
contract works and to that effect an order has been issued on 15.11.2021. As
per the said order, the respondent BTC authorities have undertaken to examine
all the cases relating to outstanding liabilities within a period of 6 [six] months
from the date of issuance of the said order. Mr. Bora has placed a copy of the
said order before this Court.
4. The order bearing No. BTC/F(Audit)/49/2021/Pt-I/1] dated Kokrajhar, the
15th November, 2021 reads as under :-
" BODOLAND TERRITORIAL COUNCIL SECRETARIAT BODOFA NWGWR::KOKRAJHAR
No. BTC/F(Audit)49/2021/Pt-I/1 Dated- Kokrajhar, the 15th November, 2021
ORDER
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WHEREAS it has been noticed that huge number of outstanding liabilities have been
created by the erstwhile BTAD authority since 2011 to February, 2020 through
contractual work orders to the Contractors/Suppliers, etc. under various entrusted
departments of BTC without corresponding budget provisions.
WHEREAS the outstanding liabilities created by the erstwhile BTAD authority are
required to undergo detail examination and verification in the context of proposals of
such works made, NIT, selection of successful bidders, quality of works, completion of
works, fund position, part payment, etc.
WHEREAS it is further noticed that a good number of court cases have been filed
before the Hon'ble Gauhati High Court as well as in the District Courts of respective
District Jurisdictions under BTAD by the Contractors/Suppliers, etc. praying for release
of payments to the Contractors/Suppliers, etc. against their respective work orders.
WHEREAS, reportedly, out of the aforesaid contractual works, some part payments
also made against portion of works completed by the Contractors/Suppliers, etc. by
the erstwhile BTAD authority in certain cases. However, such fund flow does not follow
any rationale and is found to be arbitrant.
AND THEREFORE, in view of the above facts and circumstances, the BTC has decided
to verify all such works by conducting comprehensive audit, financial verification and
physical verification wherever applicable, against all such contractual works in the
Govt. level and further to complete the whole exercise in this regard within 6 (six)
months from the date of issue of this order. After verifying the same, if it is found that
the claims are admissible after following all established financial norms, the same shall
be processed in accordance with law and as per decision contained in Tamsher Ali and
others vs. State of Assam and others Page No. 5/5 reported in 2008 (4) GLT 1
accordingly. Furthermore, if instances of wrongdoing or misappropriation are found
during such comprehensive audit, financial verification and physical verification
wherever applicable, appropriate legal action would be taken against the
persons/agencies/firms concerned in accordance with the applicable laws.
This order shall come into force with immediate effect."
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5. Mr. G Uddin, learned Senior counsel for the petitioner having gone through
the said order, has submitted that the process regarding payment of the
outstanding dues to the petitioner shall be completed within the stipulated time
period as mentioned in the said order.
6. Having considered the contents of the said order dated 15.11.2021 and the
decision of the Full Bench judgment of this Court, rendered on 29.09.2008, in
Writ Appeal No. 484/2005 [Tamsher Ali and Ors. vs. State of Assam and Ors.],
reported in 2008 [4] GLT 1 [FB] and similar other 194 writ petitions, it is
considered appropriate that the respondent authorities in the respondent BTC
shall undertake the exercise in terms of the said order dated 15.11.2021 in
respect of the claims of the petitioner also and complete the exercise within the
time frame mentioned in the order. If after such exercise, the petitioner is found
entitled to any amount, the same shall be released in favour of the petitioner
forthwith thereafter. The petitioner shall submit a certified copy of this order to
the respondent no. 7 within 7 [seven] days from today for his doing the needful.
7. The writ petition stands disposed of in terms of the above observation and
direction.
JUDGE
Comparing Assistant
