M/S. Abhijit Chatterjee v. Howrah Municipality Corporation And ORS

S/L 15 17.08.2021 Court. No. 19 srm W.P.A. 8396 of 2021 M/s. Abhijit Chatterjee VS Howrah Municipal Corporation & Ors.

Mr. Ayan Banerjee Mr. Suman Banerjee ... for the Petitioner.

Mr. Sandipan Banerjee, Mr. Ankit Sureka ... for the H.M.C.

Mr. Rama Prasad Sarkar, Mr. Samir Kumar Ghosh ...for the State.

The writ petitioner is a proprietorship firm, who was engaged to do some civil construction work by the Howrah Municipal Corporation. The work executed by the petitioner was improvement of Kalitala Lane and surrounding By-Lane (Kanti Goswami Lane, Kedar Mullick Lane) within Bally Zone under Howrah Municipal Corporation (Bally Sub Office) - Sl. No.49 of NIT and renovation of Concrete Road and Drain at Goswamipara By-Lane and Santiram Rasta ByLane at Bally Zone under Howrah Municipal Corporation (Bally Sub Office) - Sl. No.44 of NIT.

According to the petitioner, the work has been completed as per the requirement of the corporation. The final bill was submitted. The petitioner claims to have obtained a reply from the SPIO under the Right To Information Act wherein it was stated that the final bills were

prepared by the corporation amounting to Rs.17,21,850/- for both work orders, but the amount has not been sanctioned for payment.

Mr. Banerjee, learned advocate appearing on behalf of the Howrah Municipal Corporation submits that the ultimate decision with regard to the correctness, final sanction of the bill and disbursement, rests with the Commissioner. The Commissioner has not yet decided the issue.

Having heard the rival contentions of the parties, this Court is of the opinion that the petitioner should be paid for the work that has been completed. The final bill is admittedly pending before the corporation. The same has not yet been disposed of by the Commissioner. There is urgency in the matter as the contractor cannot be deprived of his legitimate dues.

The writ petition is disposed of with a direction upon the Commissioner of Howrah Municipal Corporation or his delegatee, to consider and dispose of the grievances of the petitioner with regard to the non-payment of the final bill on the basis of the bills submitted before the corporation. The corporation shall release the admitted amounts and if there are issues and/or disputes with regard to the payment of the entire amount, the petitioner shall be given a hearing and thereafter informed about the discrepancies and the disputes by passing a reasoned order. The petitioner shall be given an opportunity to justify and/or rectify the bills if situation so arises.

The entire exercise shall be completed within a period of six weeks from date of communication of this order, including the payment of the admitted amount. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)