M/S. Binit Industries v. the State of Assam and 7 Ors.
Case brief
What is this about?
Contractual dues of contractors; Water Resources Department Assam; Flood Management Programme; FMBAP schemes; 11th Plan schemes AS-88 to AS-104; Scheme AS-116; foreclosure 2019; less than 50% physical progress; Central share vs State share 90:10 changed to 80:20; Brahmaputra Board; Ministry of Jal Shakti; work orders prior to 2019; Article 14 fairness by State instrumentality in contract; maintainability of writ petition for monetary claim; ABL International (2004) 3 SCC 553; Puna Hinda (2021) 10 SCC 690; Tamsher Ali Full Bench 2008 (4) GLT 1; Nazim Hussain WP(C) 4734/2021; AG (Audit) audit observations; diversion of funds; Gauhati High Court; mandamus for payment; SDRF schemes carved out (WP(C)3849/2023, WP(C)3852/2023).
What did the court decide?
Batch of writ petitions (excluding WP(C)3849/2023 and WP(C)3852/2023, which concern SDRF schemes and are detached to be listed separately) disposed of with directions: (1) Ministry of Jal Shakti to release arrear funds of Rs.10.84 crores for the 17 schemes within two months of receipt of the order by the Brahmaputra Board; (2) Chief Engineer, W.R. Department to reply to the AG(Audit) communications regarding Rs.63,86,235/- (schemes AS-92, AS-93, AS-94 and AS104) within one month, and AG(Audit) to decide within a further one month; (3) Chief Engineer to certify the correctness of engineers' certificates and pay the admitted amounts; (4) State and Central Governments to pay contractors' bills for work done even on schemes foreclosed in 2019, provided work orders were issued prior to foreclosure, as per their respective shares; (5) entire exercise to conclude within six months.