Pradip Kumar Agarwalla v. the State of Assam and 4 Ors.
Case brief
What is this about?
Keywords: contractual dues of Water Resources contractors Assam; Flood Management Projects/Schemes; FMBAP; scheme codes AS-88 to AS-104 and AS-116; foreclosure of schemes 2019; Central share 80:20 funding pattern; Brahmaputra Board; Ministry of Jal Shakti; arrear funds Rs.10.84 crores; audit observations AG(Audit) Assam Rs.63,86,235/-; writ petition maintainability for monetary claims (Article 226/Article 14); ABL International Ltd. (2004) 3 SCC 553; Union of India v. Puna Hinda (2021) 10 SCC 690; Tamsher Ali v. State of Assam 2008 (4) GLT 1 (Full Bench); Nazim Hussain WP(C) No.4734/2021; Gauhati High Court batch disposal order dated 13-08-2025; payment for work done on foreclosed schemes; State liability beyond Central share.
What did the court decide?
Batch disposed with directions: (1) Ministry of Jal Shakti to release arrear funds of Rs.10.84 crores for the 17 schemes within 2 months of receipt of the order by the Brahmaputra Board; (2) Chief Engineer, W.R. Department to reply to the AG(Audit) communications on Rs.63,86,235/- (schemes AS-92, AS-93, AS-94, AS-104) within 1 month, and AG(Audit) to decide within a further 1 month; (3) Chief Engineer to certify the correctness of the engineers' certificates and pay the admitted amounts; (4) State and Central Governments to pay contractors' bills for work done even on foreclosed schemes where work orders pre-date the 2019 foreclosure, as per respective shares; (5) entire exercise within six months; WP(C)3849/2023 and WP(C)3852/2023 (SDRF schemes) detached for separate listing.