Gauhati High Court
Tapan Kumar Das vs The State Of Assam And 6 Ors on 9 August, 2024
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/6
GAHC010104042023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2753/2023
TAPAN KUMAR DAS
S/O- LATE GHANA KANTA DAS ,
R/O- SHIMULUGURI,
P.O- BHURBANDHA,
P.S- MIKIRBHETA,
DIST- MORIGAON,
ASSAM, PIN-782104
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR,
GUWAHATI-781006
2:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
CHANDMARI
GUWAHATI
PIN-781003
3:THE SUPERINTENDING ENGINEER
NAGAON WATER RESOURCE CIRCLE
R K B ROAD
HAIBARGAON
DIST-NAGAON
PIN-782001
4:THE EXECUTIVE ENGINEER
Page No.# 2/6
WATER RESOURCE DEPARTMENT
MORIGAON WATER RESOURCE DIVISION
MORIGAON
DIST-MORIGAON
PIN-782105
5:THE UNION OF INDIA
REP. BY THE COMMISSIONER
MINISTRY OF JAL SHAKTI
DEPARTMENT OF WATER RESOURCES
RIVER DEVELOPMENT AND GANGA REJUVENATION
NEW DELHI-01
6:THE BRAHMAPUTRA BOARD
ASSAM
REP. BY ITS CHAIRMAN
GUWAHATI
7:THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT)
MAIDAMGAON
KRISHNANAGAR
BELTOLA
GUWAHATI
ASSAM
PIN-78210
Advocate for the Petitioner : MR. N AHMED, MR R A AHMED
Advocate for the Respondent : SC, WATER RESOURCE, DY.S.G.I.,SC, AG
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
09.08.2024
1. Heard Mr. R.A. Ahmed, learned counsel for the petitioner. Also heard Ms. J.
Gogoi, learned counsel for the respondent Nos. 1-4 and Ms. A. Gayan, learned
counsel for the respondent Nos. 5 & 6.
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2. The matter pertains to the non payment of the contractual dues of the
petitioner amounting to Rs.31,45,616/-, as the amount of Rs.10,30,997/- has
already been paid to him, out of the total amount of Rs.41,76,613/-.
3. The petitioner's counsel submits that the petitioner was given 15 works
under the Scheme "R/S to T/dyke Along Both Banks of Kopilli River From
Charaihagi to Tuklaitup (L/B), Basundhari to Killing Kopilli Junction (L/B) and
Chaparmukh Ahatguri Amsoi P.W.D. Road (R/B) Including Ante-Erosion
Measures at Different Reaches." Though the petitioner had completed the said
work, the petitioner has not been given his entire contractual dues. He has also
referred to the letter No.MGWRD/W-275/Pt-III/2014-15/2375(I-XVI) dated
08.01.2015 issued by the Executive Engineer, Morigaon W.R. Division, Morigaon
and the annexures therein showing that the respondents have admitted that the
petitioner had completed 15 works under the above stated scheme and that he
was to be paid the balance amount of Rs.31,45,616/-.
4. Ms. J. Gogoi, learned counsel for the respondent Nos. 1-4 submits that in
terms of the affidavit filed by the respondent No.2, the respondent No.2 has
admitted to the fact that the petitioner was duly allotted 15 works and has
completed 15 works, under the above stated scheme. She also submits that the
Central Government and the State Government are to make the funds available
for the scheme, with the Central share being 90% and the State Government
share being 10%. She submits that while the State Government had already
paid their share, the Central Government has not submitted their entire share.
5. Ms. A. Gayan, learned counsel for the respondent Nos. 5 & 6 submits
that if the bills of the petitioner are correct in all respects and the State
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Government makes a proposal for the funds, after having verified the works
completed by the petitioner, the Central Government would have to pay the said
amount as per the scheme.
6. I have heard the learned counsels for the parties.
7. The letter dated 08.01.2015 issued by the Executive Engineer, Morigaon
W.R. Division shows that the petitioner had completed 15 works under the
Scheme "R/S to T/dyke Along Both Banks of Kopilli River From Charaihagi to
Tuklaitup (L/B), Basundhari to Killing Kopilli Junction (L/B) and Chaparmukh
Ahatguri Amsoi P.W.D. Road (R/B) Including Ante-Erosion Measures at Different
Reaches."
8. The petitioner has been paid Rs.10,30,997/- and the balance amount still
payable to the petitioner is Rs.31,45,616/-.
9. Para 5 of the affidavit-in-opposition filed by the respondent No.2 states
as follows:-
"5. That the deponent begs to state that the work order vide 1)
MGWRD/W-275/Pt-VI/2013-14/296(i-ix), Dtd. 28/01/2014, 2) MGWRD/W-
275/Pt-VI/2014-15/2440 (i-xxxvii), Dtd. 28/01/2015, 3) MGWRD/W-
275/Pt-III/2014-15/2375(i-xvi), dtd. 08.01.2015, 4)
MGWRD/W-275/Pt-VI/2014-15/2445(i-xviii), dtd. 28.05.2015, 5)
MGWRD/W-275/Pt-VI/2014-15/2445(i-xviii), dtd. 28.05.2015, 6)
MGWRD/CS-8/SLUICE/2013-14/1, dtd. 10.12.2013, 7) MGWRD/W- 3/PT-
I/2011-12/12 Dtd. 26.03.2012, 8) MGWRD/W-275/Pt-V/2013-14/213(i-v),
Dtd. 17.01.2014, 9) MGWRD/W-275/Pt-VI/2013-14/417- 428, Dtd.
29.10.2014, 10) MGWRD/W-3/PT-I/2012-13/54, Dtd. 15.03.2013, 11)
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MGWRD/W-3/PT-I/2014-15/64 Dtd. 16.05.2014, 12) MGWRD/C/S-
2SLUICE/2013-14/1 Dtd. 10.12.2013, 13) MGWRD/W- 3/PT-I/2012-13/54,
Dtd. 15.03.2013, 14) MGWRD/W-275/Pt-V/2013-14/213(i-v), Dtd.
17/01/2014 15) MGWRD/W-275/Pt-V/2013-14/213(i- v), Dtd. 17/01/2014
against the scheme "R/S to T/dyke along both banks of Kopili River from
Charaihagi to Tuklaitup (L/B), Basundhari to Killing Kopili Junction (L/B)
and Chaparmukh Ahatguri Amsoi P.W.D. Road (R/B) including anti-erosion
measures at different reaches" was duly allotted and completed by the
petitioner."
10. As the stand of the petitioner is not controverted by the respondents in
their affidavit, the respondents would have to pay to the petitioner the admitted
amount, in terms of the judgment of this Court in the case of Nazim Hussain
Vs. The State of Assam and 8 Others in WP(C) 4734/2021.
11. This Court, in a series of cases, leading case being WP(C) 4734/2021
(Nazim Hussain -vs- The State of Assam and 8 others), while disposing of the
similar matters, had passed the following direction, which are as follows:-
"(1) Within 15 (fifteen) days from today, the concerned official of the State
Government of Assam will communicate the supplementary budget passed in
the last Assembly Session pertaining to the scheme to the competent authority
of the Ministry of Jal Shakti, Government of India. (2) Within 60 (sixty) days
from the date of receipt of such communication, the Ministry of Jal Shakti to
release the amount due under the schemes to the concerned Department of the
Government of Assam. (3) Upon receipt of the amount, bills of the writ
petitioners shall be processed and cleared within a further period of 45 day"
12. In view of the consent of the parties and in view of the liability statement
attached to the letter No.MGWRD/W-275/Pt-III/2014-15/2375(I-XVI) dated
08.01.2015, issued by the Executive Engineer, Morigaon W.R. Division and para
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5 of the affidavit-in-opposition, this Court is of the view that this writ petition
can be disposed of.
13. In view of there being an admission made by the respondent No. 4 and
in the affidavit-in-opposition, the respondents shall pay the petitioner the
admitted amount, within a period of 5 (five) months from the date of receipt of
a copy of this order. The respondent Nos.5 & 6 shall ensure that the funds for
payment are made available to the State respondents within the time period
prescribed above.
14. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
