Disposed

Veer Projects, Engineers and Contractor v. State of Chhattisgarh

Chhattisgarh HC8 Jul 2022WPC/2888/2022

Case brief

AI extract

What is this about?

The court disposed of a writ petition regarding unpaid construction dues under the Pradhan Mantri Avas Yojna. Finding that roughly Rs. 1 crore remains undisputed and is under process, the court directed the Municipal Corporation to release the admitted dues within 90 days.

What did the court decide?

Direction to respondent No. 2 to ensure that the unpaid and admitted dues be released to the petitioner within 90 days.

Veer Projects, Engineers and… — Contract and Commercial Disputes | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 2888 of 2022

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Veer Projects, Engineers and Contractor Through Its Partner- Yogesh Jain, Aged About 42 Years, S/o Shri Ashok Kumar Jain, Having Its Office At 10 RDA, DEO Office Complex, Tagore Nagar Raipur Tahsil and District Raipur (Chhattisgarh).

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---- Petitioner

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Versus

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State of Chhattisgarh Through The Secretary, Ministry of Urban Development and Administration, 4th Floor, D-Block Indrawati Bhawan, Atal Nagar, District Raipur, Chhattisgarh.

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Municipal Corporation Rajnandgaon, Through The Commissioner, Rajnandgaon, District : Rajnandgaon, Chhattisgarh.

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The Executive Engineer, Pradhan Mantri Avas Yojna- HFA, Nagar Palika Nigam, Rajnandgaon, District : Rajnandgaon, Chhattisgarh.

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--- Respondents

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For Petitioners : Mr. Vivek Chopda, Advocate. For Respondents No.1 & 3 : Mr. Ayaz Naved, GA. For Respondent No.2 : Mr. Dhiraj Wankhede, Advocate.

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Hon'ble Shri P. Sam Koshy, Judge

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Order on Board

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08/07/2022

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Heard.

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Present is the second round of litigation by the petitioner on in-action on the part of the respondent No.2/Municipal Corporation in not releasing the admitted dues payable to the petition pursuant to the construction of the houses under the Pradhan Mantri Avas Yojna which was executed by the petitioner. The earlier writ petition WPC No.2317/2021 was disposed of on 14.09.2021 making the following observations :-

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“In view of the same, since the petitioner prays for disposal of this petition that the respondents may expedite the release of the payment since final bill has already been prepared, the respondents would act in accordance with law in release of the payment, if any, subject to just exception and satisfaction of query, if so raised, within a reasonable time. ”

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The further contention of the petitioner is that after disposal of the said writ petition, the petitioner has received part payment of the security deposit which was lying with the respondents. However, there is still the substantial payment yet to be released by the respondents. On the previous date of hearing this Court has directed the counsel for the respondent No.2/Municipal Corporation seeking instruction as regard the admitted un-paid due to the petitioner is concerned.

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Today, the learned counsel appearing on behalf of the respondent No.2/Municipal Corporation submits that out of total payment payable to the petitioner to the tune of approximately Rs.12 crores, the petitioner has been paid more than Rs.10 crores including the part security amount. It is only the amount of roughly Rs.1 crore which is yet to be paid to the petitioner, for which necessary correspondence steps have already been initiated by the Municipal Corporation for clearing the dues at the earliest and for which the Municipal Corporation has also approached the State Government in this regard.

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Given the fact that the counsel for the respondent No.2/Municipal Corporation submits that the un-paid and un-disputed claim of the petitioner is in the process and necessary payment shall be made at the earliest, this Court is of the opinion that nothing further remains to be adjudicated upon in the instant writ petition except for the direction to the respondent No.2 to ensure that the un-paid and admitted dues be released to the petitioner at the earliest within an outer limited of 90 days.

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Accordingly, the writ petition stands disposed off with aforesaid directions.

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Sd/(P. Sam Koshy) Judge

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J/-

Veer Projects, Engineers and Contractor v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Veer Projects, Engineers and Contractor v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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