M/S Vmk Construction v. National Highways And Infrastructure Developmemt Corporation Ltd. (Nhidcl) And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/600/2025 M/S VMK Construction Vs.

The National Highway and Infrastructure Development Corporation Limited and Others Mr. Terence D Cruz .... for the petitioner Mr. Shamit Shanyal ... for the respondents [through virtual mode] December 16, 2025 [SR] Item No. 2 The petitioner, who is a contractor, was awarded works contract by virtue of a work order vide letter dated May 22, 2023. The petitioner completed the said work and submitted the bill before the concerned authority. The grievance of the petitioner is that, till date, the admitted amount has not yet been released in spite of a recommendation being made for payment. The petitioner submitted a representation/demand notice dated August 28, 2025.

Learned advocate appearing for the petitioner submits that the competent authority has certified the work done by the petitioner and also that the petitioner is entitled to the amount as indicated in the said representation/demand notice. Learned advocate appearing for the petitioner further submits that no decision on the representation/demand notice dated August 28, 2025 has been communicated to the petitioner till date.

Mr. S. Shanyal, learned advocate appears for the respondents and submits that certain clarification is necessary from the accounts department and for such purpose, some time is necessary.

Considering the fact that the recommendation for payment was made some time in the year 2023 and the petitioner has raised the bill claiming an amount of Rs.19,49,348/-, this Court is of the considered view that the interest of justice would be sub-served, if the respondent authority, namely the General Manager (P), National Highway and Infrastructure Development Corporation Limited , being the respondent no.2, is directed to consider the representation/demand notice dated August 28, 2025 and to pass a reasoned order thereupon within the stipulated time. Accordingly, the second respondent is directed to consider the representation/demand notice of the petitioner dated August 28, 2025 and to dispose of the same by passing a reasoned order, after affording an opportunity of hearing to the petitioner and communicate the reasoned order to the petitioner immediately thereafter.

Needless to mention that the amounts found to be due to the petitioner on account of the work performed by the petitioner shall be released by the respondent authorities immediately thereafter.

The entire exercise including the release of the payment shall be made by the respondent authorities as expeditiously as possible but positively within a period of eight weeks from the date of receipt of a server copy of this order. With the above observations and directions, WPA/600/2025 stands disposed of. There shall, however, be no order as to costs.

Parties to act on the server copy of this order downloaded from the official website of this Court.

( Hiranmay Bhattacharyya, J. )