Chandra Kanta Construction Company v. The Howrah Municipal Corporation And ORS

S/L 9 29.07.2021 Court. No. 19 GB W.P.A. 9953 of 2021 Chandra Kanta Construction Company VS Howrah Municipal Corporation & Ors.

(Through Video Conference) Ms. Shebatee Dattta ... for the Petitioner.

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

Mr. Ziaul Islam, Mr. A.H. Mollah.

... 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 imporvement of Bituminous Macadam Road at Pal Bagan Lane (North and South) with allied drains at Bally Zone under Howrah Municipal Corporation (Bally Sub Office) in the year 2015.

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 under the Right To Information Act wherein it was stated that the final bill was prepared by the corporation amounting to Rs.9,39,162/-, 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, Howrah Municipal Corporation 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.)