September 2019, events that transpired suggest that there has been undue delay as although on 18th December 2019 the Respondent State partially complied with the Consent Terms by paying an amount of Rs.1,00,00,000/-, on 27th December 2019, budgetary approval from both the houses of legislature was obtained for payment of the settlement amount of Rs.358,79,18,000/- to the Applicant, on 6th January 2020, the Superintending Engineer of the PWD had received the settlement amount in their account for onward remittance to the Applicant and on 27th January 2020 the Respondent State through the Secretary, PWD, had also given an undertaking before this Court in the contempt proceedings that steps would be taken to transfer the amount to the Applicant’s account from the treasury within two days i.e. on or before 29th January 2020, however, the same was not paid to the Applicant and on 30th January 2020 the Advocate appearing on behalf of the officers of the Judgment Debtor – State stated that the Judgment Debtor intended to contest the Consent Terms. This is where the conduct of the Respondent State comes into play. After having entered into Consent Terms on 10th December 2019 and after the said Consent Terms were taken on record on 12th December 2019 and after having acted upon the same and completed the formalities on 6th January 2020, on 30th January 2020 the Advocate for the Respondent avk 31/37
