N. C. Das And Co vs The Union Of India And 3 Ors
2022 Latest Caselaw 28 Gua

                                                                   Page No.# 1/2

GAHC010222092021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/7240/2021

            N. C. DAS AND CO.
            A FIRM HAVING ITS HEAD OFFICE AT R.D ROAD, WARD NO. 5, RANGIA,
            PO AND PS RANGIA, DIST KAMRUP (R) ASSAM 781354, REPRESENTED BY
            ONE OF ITS PARTNER SRI NABA DAS, 55 YEARS,



            VERSUS
            THE UNION OF INDIA AND 3 ORS.
            REPRESENTED BY THE GENERAL MANAGER (CON) N.F RAILWAY,
            MALIGAON, GUWAHATI 781011, DIST KMARUP M ASSAM

            2:THE CHIEF ENGINEER
             CONSTRUCTION IX
             N.F RAILWAY
             GUWAHATI 781011
             DIST KAMRUP (M) ASSAM

            3:THE DEPUTY CHIEF ENGINEER
             CONSTRUCTION IX
             N.F RAILWAY
             GUWAHATI 781011
             DIST KAMRUP (M) ASSAM

            4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOF)
             GOVT. OF ASSAM
            ARANYA BHAWAN
             PANJABARI
            GUWAHATI
             DIST KAMRUP M ASSAM 78103

Advocate for the Petitioner   : MR. U K GOSWAMI

Advocate for the Respondent : SC, NF RLY

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

03-01-2022

Heard Mr. U. K. Goswami, learned counsel for the petitioner and Mr. B. Sarma, learned Standing counsel, Railways for the respondent Nos. 1, 2 & 3. Also heard Mr. R. Gogoi, learned Standing counsel, Forest Department for the respondent No. 4.

It is submitted by the petitioner that pursuant to the work order dated 05.12.2017 regarding construction of Broad Gauge standard formation, minor bridge, retaining wall, side drain and catch water drain & Track linking including all other ancillary works from km 43.00 (including Pancharatna station yard) to km 79.00 (including Dudhnoi station yard) in connection with NBQ to KYQ (New Bangaigaon to Kamakhya) Broad Gauge Doubling Project, petitioner has already completed the work and submitted its bill. However, the respondents Railway are yet to release the said bill of the petitioner.

In this regard, the petitioner has already placed for the Forest Royalty Clearance Certificate (FRCC) before the respondents Railway requesting it to furnish the specific quantity of forest items, enabling him to submit the necessary bills regarding procurement of forest items i.e., blasts and sand items etc. in terms of the order dated 05.12.2017, noted above.

Mr. Goswami, learned counsel for the petitioner also placed before the Court the judgment of this Court passed in WP(C) No. 4244/2021 on 02.09.2021 that was preferred by the petitioner earlier with regard to different segments in the Railway works wherein the learned Single Judge considering the decision of a Division Bench passed in WA 168/2017 on 04.05.2018 allowed the application of the petitioner.

List this matter on 17.01.2022 enabling the respondents Railway to place the up-to-date status regarding the payment of bill payable to the petitioner pursuant to the work order dated 05.12.2017.

JUDGE

Comparing Assistant