Shri Mayanglangbam Koireng Singh vs The State Of Manipur Represented ...
2021 Latest Caselaw 89 Mani

                                     [1]


                  IN THE HIGH COURT OF MANIPUR
                                 AT IMPHAL
                           W.P. (C) No. 618 of 2017



      Shri Mayanglangbam Koireng Singh, aged about 53 years, S/o
      (Late) M. Shamu Singh of Kakching Wairi Ningthou Pareng, Ward
      No. 1, near Kongoipukhri, P.O. & P.S. Kakching, District:
      Kakching, Manipur.
                                                          ...Petitioner
                                  -Versus-
      1. The State of Manipur represented by the Chief Secretary,
         Government of Manipur as the Chairman, Manipur
         Development Society (MDS).
      2. The Principal Secretary (Tourism), Government of Manipur.
      3. The Director (Tourism), Government of Manipur.
      4. The Project Director, Manipur Development Society (MDS),
         RIMS Road Imphal, Manipur.
      5. The Secretary, Ministry of Tourism (ENE Division),
         Government of India, Transport Bhawan, Parliament Street,
         New Delhi - 110001.
         (...impleaded as respondent No. 5 vide order dated

20-01-2020 passed in M.C.(W.P.(C)) No. 309 of 2019)

... Respondents

B E F O R E HON'BLE MR. JUSTICE KH. NOBIN SINGH For the petitioner :: Shri M. Devananda, Advocate For the Respondents :: Shri H. Kenajit, Advocate;

Shri Niranjan Sanasam, GA & Shri S. Samarjit, CGC Date of Hearing :: 18-03-2021 Date of Judgment & Order :: 26-03-2021

JUDGMENT AND ORDER

[1] Heard Shri M. Devananda, learned Advocate appearing for

the petitioner; Shri H. Kenajit, learned Advocate appearing for the

W.P. (C) No. 618 of 2017 Contd.../-

[2]

MDS; Shri Niranjan Sanasam, learned Government Advocate

appearing for the State respondents and Shri S. Samarjt, learned CGC

appearing for the Union of India.

[2] By the instant writ petition, the petitioner has prayed for

issuing a writ of mandamus or any other appropriate writ to direct the

respondents for payment of undisputed bill amounting to Rs.

2,28,07,012/- (Rupees two crore twenty eight lakh seven thousand and

twelve) only with an interest of 18% per annum from the date of

completion of the work.

[3.1] According to the petitioner, in the year 2013, the Under

Secretary to the Government of India wrote a letter dated 30-08-2013

to the Principal Accounts Officer, Ministry of Civil Aviation and Tourism,

Government of India conveying sanction for an amount of Rs. 478.15

lakh (Rupees four hundred seventy eight lakh and fifteen thousand) for

a project called "the Integrated Tourist Destination at Kakching

Garden, Thoubal District, Manipur". The said work was to be

executed by the State of Manipur through the Manipur Development

Society, a registered society.

[3.2] A NIT was issued inviting bids from amongst the eligible

bidders and after the process of tender being completed, the petitioner

was awarded the contract vide work order dated 25-09-2020. The

petitioner executed the work in the year, 2014 because of which the

Deputy Secretary (Tourism), Government of Manipur wrote a letter

dated 23-06-2014 to the Director (ENE Division), Ministry of Tourism,

W.P. (C) No. 618 of 2017 Contd.../-

[3]

Government of Manipur submitting utilization certificates in respect of

seven projects for further release of installments including that of the

above work. Accordingly, the Ministry of Tourism, Government of India

released an amount of Rs.30 crore for clearing all the liabilities in

respect of the said seven projects. After the work having been

executed by the petitioner, the Executive Engineer, Manipur

Development Society issued a liability settlement for an amount of

Rs. 2,28,07,012/- (Rupees two crore twenty eight lakh seven thousand

and twelve).

[3.3] There appears to be no any dispute as to the completion of

the work by the petitioner and the work was executed by him to the

satisfaction of the authorities. But the respondents have not taken any

action for releasing the amount due to the petitioner. Being aggrieved

by the inaction on the part of the respondents, the instant writ petition

has been filed by the petitioner for releasing the said undisputed

amount.

[4] In the affidavit filed on behalf of the respondent Nos. 2 & 3, it

has been stated that the project was a 100% centrally funded one and

out of the total sanctioned amount of Rs.478.15 lakh, only an amount of

Rs.95.63 lakh was released to initiate its implementation and was

deposited with the work agency, Manipur Development Society. No

further amount was released by the Central Government towards

clearing the liabilities of the seven projects. The release of Rs.30 crore

as stated in the petition has been denied. It has further been stated that

W.P. (C) No. 618 of 2017 Contd.../-

[4]

the respondent No.2 & 3 are routinely informed by the work agency on

the progress of the work.

[5] The additional affidavits have been filed by the petitioner

stating that in the year, 2019, the Government of India, Ministry of

DONER, NEC, Shillong accorded administrative approval for the

project under PIDDC for an amount of Rs.382.52 lakh, for which a

sanction of the President of India was conveyed vide letter dated

06-11-2029 towards creation of capital assets to the Tourism

Corporation of Manipur Ltd.. Consequently, the Chief Engineer,

Manipur Development Society wrote a letter dated 03-09-2020 to the

Director (Tourism) for the release of the said amount which, in turn,

made a request to the Commissioner (Tourism), Government of

Manipur vide a letter dated 10-09-2020 for grant administrative

approval for the same. Thereafter, the Manipur Development Society

approached the CBI vide letter dated 05-01-2021 for grant of clearance

to undertake works embroiled in the case and for payment of bills to the

contractor. As regards the payment of bills to the contractor, the CBI in

its letter dated 05-01-2021 has stated that as far as the receiving of

payment from the various line departments by the MDS is concerned,

the matter does not fall in the purview of the CBI and that the

concerned line Department & MDS may resolve it in accordance with

their rules & procedure.

[6] The Manipur Development Society, in its affidavit filed on

11-03-2021, has stated that it has no comment so far as the

W.P. (C) No. 618 of 2017 Contd.../-

[5]

averments made in the additional affidavits of the petitioner are

concerned and that its office had written to the Director (Tourism)

vide its letters dated 03-09-2029 and 15-01-2021 requesting him to

release the amount of Rs.382.52 lakh for early clearance of bills to

the concerned contractor in respect of the Integrated Tourist

Destination at Kakching Garden. But it has not yet received the said

amount.

[7] From the pleadings as aforesaid, it appears that there is no

much controversy amongst the parties as regards the work executed

by the petitioner and his bills are yet to be paid fully. So far as the

Tourism Department, Government of Manipur is concerned, apart

from the release of Rs.95.63 lakh by the Central Government towards

the initiation of the implementation of the project, it is its stand that no

further amount was released by the Central Government. The

allegation made by the petitioner that the Central Government had

sanctioned a sum of Rs.30 crore, has been denied by it. Be that as it

may, the submission of Shri M. Devananda, learned counsel

appearing for the petitioner based on the averments made in the

additional affidavits, is that since the Government of India, the

Ministry of DONER, NEC, Shillong had released a sum of Rs. 382.52

lakh to the Tourism Corporation of Manipur Ltd, an appropriate order

may be issued directing it to release the amount to the MDS. It has

further been submitted by him that the CBI in its letter has also stated

that the receipt of payments from the line departments by the MDS is

concerned relating to work executed for them, the matter does not fall

W.P. (C) No. 618 of 2017 Contd.../-

[6]

in the purview of the CBI. Since the Government of India, the Ministry

of DONER, NEC, Shillong was not arrayed as party in the writ

petition, it was directed to be impleaded as respondent No.5. But the

controversy did not come to an end at that stage. Since the Tourism

Corporation of Manipur Ltd. happens to be not a party in the petition,

no direction could be issued to it by this Court for the release of the

amount. But during the course of hearing, it has been submitted by

the counsel appearing for the petitioner that any step being taken by

the petitioner towards the impleadment of the Tourism Corporation of

Manipur Ltd. might delay the disposal of the petition and that it would

suffice, if the respondents and in particular, respondent No.5 are

directed to release the amount to which the counsels appearing for

the respondents do not raise any objection. On perusal of the said

letters dated 06-11-2019 of the Ministry of DONER, NEC, Shillong, it

is not clear as to whether the estimated costs of Rs.382.52 lakh was

the balance amount sanctioned for the said project. The terms and

conditions as mentioned therein would indicate that they appear to be

followed while implementing the scheme, although it is the case of

the petitioner that the project work had been executed by him as back

as in the year, 2014. But one thing is clear from the said letters that

when the PIDDC scheme was discontinued, it was left for the NEC to

bear the liabilities. After having heard the learned counsels appearing

for the parties and after having considered the materials on record,

this Court is the view that when the counsel appearing for the

respondents do not raise any object to the submission of the counsel

W.P. (C) No. 618 of 2017 Contd.../-

[7]

appearing for the petitioner, this Court is left with no alternative but to

dispose of the petition in terms of his submission and to issue

directions accordingly.

[8] In view of the above, the instant writ stands disposed of with

the following directions:

(a) The respondent No.5, the Government of India, the Ministry

of DONER, NEC, Shillong is directed to inform the Tourism

Corporation of Manipur Ltd., Imphal to release the amount

of Rs. 382.52 lakh, at the earliest possible, to the Manipur

Development Society towards the payment of the

undisputed bills of the petitioner;

(b) In the event of the said amount being released by the

Tourism Corporation of Manipur Ltd., Imphal, the

respondent No.4, MDS shall verify carefully from the

records and if it being satisfied that the payment of the bills

of the petitioner as claimed by him is justified, the said

amount shall be released to him;

(c) Before the said amount being released, the respondent

No.4, MDS shall take a specific clearance from the CBI.

JUDGE

FR / NFR Yumk ham Digitally signed by Yumkham Rother

Rothe Date: 2021.03.26 13:23:04 +05'30' Devananda r

W.P. (C) No. 618 of 2017 Contd.../-