This order allowed an interlocutory application seeking an extension of time to complete a government construction contract. The court extended the deadline from November 2018 to April 2019, pending handover and payment release. The petitioners objected to the stay on work.
Extension of time to complete construction work till 28.04.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010010752019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 304/2019 In WP(C) No. 2773 of 2015
1:DR. PRABIR BARMAN
S/O- LT. JOGESWAR BARMAN, VILL. and P.O.- KAJIPARA, P.S. and DIST.NALBARI, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI, PIN- 781006.
2:THE COMMISSIONER AND SPECIAL SECY. TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT. BUILDING DISPUR GHY- 6.
3:THE CHIEF EXECUTIVE OFFICER NALBARI ZILLA PARISHAD NALBARI ASSAM.
4:THE CIRCLE OFFICER PASCHIM NALBARI REVENUE CIRCLE CHAMATA DIST.- NALBARI.
5:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPTT. BUILDING NALBARI BUILDING DIVISION NALBARI ASSAM.
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6:MANORANJAN SARMA PRESIDENT NO. 27 PANIGAON GAON PANCHAYAT P.O.- PANIGAON DIST.- NALBARI PIN- 781303
Advocate for the Petitioner : MR. M K CHOUDHURY
Advocate for the Respondent : SC, PWD
BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 06-02-2019
Heard Mr M Sharma, learned counsel for the petitioner and Ms M Bhattacharya, learned counsel for PWD (Building). Also heard Mr R Dhar, learned Government Advocate, Assam.
Executive Officer, Nalbari Zila Parishad, Nalbari had issued Notice Inviting Tender (NIT)on 11.12.2012 for construction of Panigaon Gaon Panchayat office building from the money made available under the Fourth Assam State Finance Commission, 2011-12. In the tender process, petitioner came out successful and accordingly he was awarded the contract. Petitionerstarted construction of the Panigaon Gaon Panchayat office building at village Niz Pakowa onthe land owned by the Gaon Panchayat. While construction of the said building was going on, pursuant to a communication of the Chief Executive Officer, Nalbari district parishad, construction work undertaken by the petitioner was stopped on 13.03.2015 by the Executive Engineer.
Aggrieved, present writ petition has been filed.
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This Court while issuing notice on 15.05.2015 had passed an interim order to the effect that parties should maintain status quo with regard to the land in question.
Though this matter is pending before the Court since May, 2015, no affidavit has been filed by the respondents.
On 20.11.2017, this Court had passed the following order:-
“ The petitioner herein was earlier awarded the contract work of construct ion of Panigaon Gaon Panchayat office building vide temporary work order dated 10-04-2013.According to the petitioner he had already undertaken the construction and thereafter completed 30% of the work. However, on the instruction of the respondent authorities the petitioner had to stop the work and till date no further action has been taken by the authorities in the matter either to pay the bills of the petitioner or to permit him to complete the construction, as a result of which, the petitioner’s interest has been seriously prejudiced. Mr.Bharadwaj, learned counsel for the petitioner submits that if the respondents do not want to continue with the construction work at least the petitioner be paid the bills in respect of 30%work already executed by him. According to Mr. Bharadwaj, petitioner is also willing to carry out the construction in any new site if the same is required by the authorities. Respondents have not filed affidavit in this case nor have the departmental counsel been provided with any instruction in the matter. In view of the above submission made by the petitioner’s counsel, the response of the respondents is called for in the matter. This writ petition be listed again after 03weeks permitting the learned counsel for the respondents to obtain instruction on the submission advanced by the petitioner’s counsel today.”
Though more than 8 months have elapsed since then, no affidavit has been filed by the respondents. On a query by the Court, Mr. Bharadwaz submits that petitioner would be able to complete the remaining construction work within a period of 3 (three) months.
That apart, the impugned communication is devoid of any reason. There is nothing on record to show as to why the construction work undertaken by the petitioner was abruptly stopped, that too, after completion of about 30% of the work. Non-payment of the dues for the work undertaken by the petitioner has also caused serious prejudice to him.
In view of above, impugned communication dated 13.03.2015 (Annexure-9 to the writ petition) is hereby set aside and quashed.
As assured by the petitioner, let him complete the balance portion of the work by15.11.2018 and handover the Panigaon Gaon Panchayat office building to the Executive Engineer, PWD Building Division, Nalbari who shall thereafter release the due contractual amount to the petitioner.
Writ petition is accordingly allowed.”
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JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to an extension of time to complete the construction work of a Gaon Panchayat office building.
Whether the interim order staying the work for lack of payment is maintainable in light of the parties' agreement to complete the work.
Dr. Prabar Barman
The State of Assam
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
