M/S Desnil Engineers and Anr. Vs the Secretary, Iba and 3 Ors.

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GAHC010182782020

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2025:GAU-AS:7401

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/5532/2020

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M/S DESNIL ENGINEERS AND ANR

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F.A. ROAD, KUMARPARA PACHALI, GHY-01, KAMRUP (M), REP. BY ITS PROPRIETOR, SRI JADUMANI SARMAH

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2: JADUMANI SARMAH S/O- LT. KHAGENDRA NATH SARMAH A.T.ROAD BHARALUMUKH GHY-09 KAMRUP (M) ASSA

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VERSUS

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THE SECRETARY, IBA AND 3 ORS BODOLAND TERRITORIAL COUNCIL, KOKRAJHAR, ASSAM, PIN- 783370

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2:THE ADDL. CHIEF ENGINEER CUM DIRECTOR P.W.D. BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN- 783370

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3:THE SUPERINTENDING ENGINEER P.W.D. (R AND B) KOKRAJHAR CIRCLE KOKRAJHAR ASSAM PIN- 783370

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4:THE EXECUTIVE ENGINEER P.W.D. CHIRANG (R AND B) DIVISION KAJALGAON

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CHIRANG DISTRICT ASSAM PIN- 78338

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Advocate for the Petitioner : MR. M K CHOUDHURY, MR. A BARKATAKI,MR. M SARMA,MR P BHARADWAJ

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Advocate for the Respondent : SC, BTC,

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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05.06.2025

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Heard Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned counsel for the BTC, respondent Nos.1, 2, 3 & 4.

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The petitioner is aggrieved due to non release of Rs.1,41,15,916.00/-, in respect of the consultancy fees for the following projects:-

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(1) Construction of R.C.C. Bridge over river Aie at Aie-Powali including Approach & Protection Work in Chirang District, BTC, Assam under NESIDS (Consultancy work, Sub-soil Investigation work & Surveying work for Approach & Bridge).

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(2) Improvement/Special Infrastructure Development of JSB Hospital at Kajalgaon under NESIDS (Consultancy work and Sub-soil Investigation Work).

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Mr. P. Nayak, learned counsel for the BTC has submitted covering letter dated 04.06.2025 issued by the Secretary, BTC, along with four annexures relating to four orders dated 25.07.2022, 29.03.2024 & 26.03.2025, which is to

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the effect that the consultancy fee of the petitioner amounting to Rs.1,41,15,437/- has been sanctioned and released by the BTC to the respondent No.4. He accordingly submits that the dues of the petitioner having been paid, the writ petition should be closed.

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The covering letter dated 04.06.2025 issued by the Secretary, BTC and the four annexures to the covering letter pertaining to the orders dated 25.07.2022, 29.03.2024 & 26.03.2025 issued by the Joint Secretary/Secretary, BTC are made a part of the record and marked as Annexure ‘X’ collectively.

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The two orders dated 25.07.2022 issued by the Joint Secretary, BTC, the orders dated 29.03.2024 and 26.03.2025, issued by the Secretary, BTC, states as follows:-

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“ BODOLAND TERRITORIAL COUNCIL IMPLEMENTATION OF BODO ACCORD (IBA) DEPARTMENT BODOLAND SECRETARIAT COMPLEX:: BODOFA NWGWR:: KOKRAJHAR-783370 Email: [email protected]

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No. BTC/IBA-708/2022/87

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Dated Kokrajhar the 25^th July/2022

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ORDER

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Bodoland Territorial Council is pleased to sanction release an amount not exceeding to Rs. 59,78,988.00 (Rupees fifty nine lakhs seventy eight thousand nine hundred eighty eight) only to the Executive Engineer, PWD, Chirang (R&B) Division, Kajalgaon as requisitioned vide letter No. CHR/PWD(R&B)F-2/Pt-XXV/2017-18/2217 dtd. 19-01-2022 against the work Consultancy works for "Construction of RCC bridge over river Ale at Ale Powali including approach & protection work in Chirang District" under NESIDS. This has a reference to the administrative approval No. TAD/BTC/322/2019/16 dtd. 7th Aug. '2019 under NESIDS.

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Payment to the Contractor .................. Rs.53,70,956.00

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I.T, CGST & SGST ................. Rs.6,08,032.00

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Total payable .................. Rs.59,78,988.00

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(Rupees fifty nine lakhs seventy eight thousand nine hundred eighty eight) only

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The payment of this sanction order should be adjusted against the accounts of previous payment if any for the scheme as per normal rule and procedure.

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The expenditure will be met from the PFMS Account under the name "Projects under Ministry of DoNER and BTC Packages" received from Govt. of India and debitable to the Head of Account "4552- CO on NEC Area-00-226-WPT & BC Department-2473- North East Infrastructure Development Scheme (NESIDS)- 680-RCC Bridge over river Aie at Aie Powali including Approach and Protection work in Chirang District-13 Major Works -99-others-CSS" voted during the 2021-22 under Grant No. 44 to be spent during 2022-23 as per provision of BTC Fund Rules, 2012 under Chapter-I of Para 3(3).”

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“ BODOLAND TERRITORIAL COUNCIL IMPLEMENTATION OF BODO ACCORD (IBA) DEPARTMENT BODOLAND SECRETARIAT COMPLEX:: BODOFA NWGWR:: KOKRAJHAR-783370 Email: [email protected]

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No. BTC/IBA-708/2022/88 Dated Kokrajhar the 25th July/2022

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ORDER

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Bodoland Territorial Council is pleased to sanction release an amount not exceeding to Rs. 43,60,573.00 (Rupees forty lakhs seventy sixty thousand five hundred seventy three) only to the Executive Engineer, PWD, Chirang (R&B) Division, Kajalgaon as requisitioned vide letter No. CHR/PWD(R&B)F-2/Pt-XXV/2017-18/2217 dtd. 19-01-2022 against the work Consultancy works for "Improvement/Special Infrastructure Development of JSB Civil Hospital at Kajalgaon in Chirang District" under NESIDS. This has a reference to the administrative approval No. TAD/BTC/321/2019/21 dtd. 26th July, 2019 under NESIDS.

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1. Payment to the Contractor	................... Rs.39,17,125.00
3. I.T, CGST & SGST	.................... Rs.4,43,448.00
Total payable	.................... Rs.43,60,573.00

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(Rupees forty three lakhs sixty thousand five hundred seventy three) only

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The payment of this sanction order should be adjusted against the accounts of previous payment if any for the scheme as per normal rule and procedure.

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The expenditure will be met from the PFMS Account under the name "Projects under Ministry of DoNER and BTC Packages" received from Govt. of India and debitable to the Head of Account "4552- CO on NEC Area-00-226-WPT & BC Department-2473- North East Infrastructure Development Scheme (NESIDS)-681-Improvement/Special Infrastructure Development of JSB Civil Hospital in Chirang District-13 Major Works -99-others- CSS" voted during the 2021-22 under Grant No. 44 to be spent during 2022-23 as per provision of BTC Fund Rules, 2012 under Chapter-l of Para 3(3).”

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“ BODOLAND TERRITORIAL COUNCIL IMPLEMENTATION OF BODO ACCORD (IBA) DEPARTMENT BODOLAND SECRETARIAT COMPLEX:: BODOFA NWGWR:: KOKRAJHAR-783370 Email: [email protected]

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No. BTC/IBA-630/2018/253 Dated Kokrajhar the 29^th March’2024

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ORDER

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The Bodoland Territorial Council is pleased to sanction and release an amount not exceeding Rs. 26,86,212.00 (Rupees twenty-six lakhs eighty-six thousand two hundred and twelve) only to the Executive Engineer, PWD, Chirang R&B Division, Kajalgaon as requisitioned. vide letter Nos.ACE-94/NLCPR/FP/2016-17/1952, dtd.18.01.2024 for consultancy services in respect of the project "Construction of RCC Bridge over River Aie at the Aie Powall including approach and protection work in Chirang District under NESIDS". This has a reference to the Administrative Approval letter No.NESIDS-12015(11)/2/2018-0/0 DIR1(NLCPR) Dated.14.02.2019.

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This payment should be adjusted against the accounts of previous payment if any, for the scheme.

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The expenditure will be met from balance fund of NESIDS for BTAD credited in NEDFI Account No.41086235857 under the name "NESIDS/NLCPR" received from the Govt. of India under the relevant Major Head and Sub-Head under Demand No.23, 4552-00-054-16-00-73North Eastern Special Infrastructure Development Scheme (NESIDS-Roads).“

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“ BODOLAND TERRITORIAL COUNCIL IMPLEMENTATION OF BODO ACCORD (IBA) DEPARTMENT BODOLAND SECRETARIAT COMPLEX:: BODOFA NWGWR:: KOKRAJHAR-783370 Email: [email protected]

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No. BTC/IBA-708/2022/97

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Dated Kokrajhar the 26^th March’2025

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ORDER

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Bodoland Territorial Council is pleased to sanction and release an amount not exceeding Rs. 10,89,664.00 (Rupees ten lakh eighty-nine thousand six hundred and sixtyfour) only to the Executive Engineer, PWD, Chirang (R&B) Division, Kajalgaon as requisitioned vide letter No. ACE-13/BTC/FP/Pt-IV/2017-18/2349, dtd.07.03.2025 for payment of consultancy fees against Sub-soil Investigation in respect of the project "Improvement/ Special Infrastructure Development of JSB Civil Hospital at Kajalgaon in Chirang District under NESIDS". This has a reference to the release order no. NESIDS-12013(11)/1/2018-O/o DIR1 (NLCPR), dtd.30.10.2024.

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This payment should be adjusted against the accounts of previous payment if any, for the scheme.

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The expenditure involved will be met from NEDFi Account No. 41086235857 under the name "NESIDS/NLCPR" received from the Govt. of India under Demand No.23, Capital Outlay on North Eastern Areas (Major Head) 4552, North East Special Infrastructure Development Scheme (other than Road infrastructure) 00.058, Infrastructure Assets 01.00.73.”

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A perusal of the above would go to show that in pursuance to the above four orders dated 25.07.2022, 29.03.2024 & 26.03.2025, the total consultancy fee of Rs Rs.1,41,15,437/- has been sanctioned and released by the BTC to the respondent No.4.

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The above gives rise to an inference that the consultancy fee claimed by the petitioner has been paid to the petitioner. However, in the event it is found that the respondent No.4 has not released the above said amounts, as reflected in the four orders reproduced in the foregoing paragraphs, the respondent No.4 is directed to release the said amounts to the petitioner, within 1(one) month

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from the date of receipt of a copy of this order.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

M/S Desnil Engineers and Anr. v. the Secretary, Iba and 3 Ors.

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M/S Desnil Engineers and Anr. v. the Secretary, Iba and 3 Ors.

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