Contractor sought release of contractual dues for temporary restoration of Shillong Silchar Road under SDRF 2019-20. Respondents admitted liability of Rs.15,84,326/- in affidavits. Court directed revalidation of the ceiling by the Finance Department and directed all respondents to pay within two months.
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GAHC010014542025
2025:GAU-AS:5863
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/453/2025
REEJEET NUNISA
S/O BIMOL CHANDRA NUNISA, R/O.- VILLAGE- DIHUR PHONGLO, P.O. AND P.S. MAIBANG, DISTRICT- DIMA HASAO, ASSAM, PIN- 788831.
VERSUS
THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, F BLOCK, 1ST FLOOR, ASSAM SECRETARIAT (CIVIL), DISPUR, GUWAHATI -16.
2:THE PRINCIPAL SECRETARY NORTH CACHAR HILLS AUTONOMOUS COUNCIL DIMA HASAO HAFLONG PIN-788819.
3:THE DISTRICT COMMISSIONER AND CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY DIMA HASAO HAFLONG ASSAM- 788819.
4:THE CHIEF ENGINEER PWD (R) ASSAM CHANDMARI
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GUWAHATI- 781003.
5:THE EXECUTIVE ENGINEER PWD MAHUR ROADS DIVISION MAHUR DIMA HASAO ASSAM- 788830
Advocate for the Petitioner : MR D KALITA, MR. D THAOSEN
Advocate for the Respondent : GA, ASSAM, SC, PWD,SC, NCHAC,SC, REVENUE AND DISASTER MANAGEMENT DEPT
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 13-05-2025
Heard Mr. D Kalita, learned counsel for the petitioner. Also heard Mr. J Handique, learned counsel for the respondent No. 1; Mr. C Buragohain, learned counsel appearing on behalf of Mr. RM Das, learned counsel for the respondent No. 2; Ms. U Das, learned counsel for the respondent No. 3 as well as Ms. RM Barooah, learned counsel appearing on behalf of Mr. B Gogoi, learned counsel for the respondent Nos. 4 & 5.
2. The petitioner’s case is that the petitioner has not been given his contractual dues amounting to Rs.17,60,888/- in relation to “Temporary restoration of Shillong Silchar Road under SDRF for the year 2019-2020”, as per Formal work Order dated 05.09.2020 issued to the petitioner. The petitioner’s grievance is that despite the petitioner having finished the contract works, his dues are not being released to the petitioner.
3. Mr. J Handique, learned counsel for the respondent No. 1 and Ms. U Das, learned
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counsel for the respondent No. 3 submit that as per the affidavits filed by the respondent Nos. 1 & 3, the respondents have admitted that they owe the petitioner an amount of Rs.15,84,326/- and not Rs.17,60,888/-.
4. I have heard the learned counsels for the parties.
5. Para 5 of the affidavit filed by the respondent No. 1 is to the effect that, after careful examination of the claims of the petitioner, the respondent No. 1 has found that the petitioner is to be paid Rs.15,84,326/-, for which ceiling amount has been submitted to the Finance Department on 26.09.2024 for release of the fund for the said work in question. Further, necessary approval from the competent authority of the office of the respondent No. 1 has also been taken. The Finance Department, Government of Assam has also released the fund on 07.10.2024 against the Scheme. However, as the District Commissioner, Dima Hasao had not released the funds to the petitioner, the same has been sent to the Finance Department for revalidation and the same would be processed for final payment to the petitioner.
6. The affidavit of the respondent No. 3 also shows that there is an admission that the petitioner is entitled to Rs.15,84,326/-.
7. In view of the admitted fact that the petitioner is owed Rs.15,84,326/- and as necessary approval has been given, the Finance Department is directed to revalidate the ceiling for payment of Rs.15,84,326/- to the petitioner. All the respondents are directed to ensure that the petitioner is paid his contractual dues of Rs.15,84,326/-, within a period of 2 (two) months from the date of receipt of a certified copy of this order.
8. The Registry is directed to place on record the affidavit submitted by the respondent No. 1 today.
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9. The writ petition is disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to payment of his admitted contractual dues of Rs.15,84,326/- for road restoration work under SDRF.
Reejeet Nunisa
The State of Assam
The Principal Secretary North Cachar Hills Autonomous Council
The District Commissioner and Chairman District Disaster Management Authority Dima Hasao
The Chief Engineer PWD (R) Assam
The Executive Engineer PWD Mahur Roads Division
Michael Zothankhuma
As recorded by the court registry
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