M/S Neha Builders And Roadways v. The Andaman And Nicobar Administration And 5 Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/889/2023 M/s Neha Builders and Roadways Vs The Andaman & Nicobar Administration and Others Mr. D.C.Kabir Mr. S. Ajith Prasad ... for the petitioners Mr. Shatadru Chakraborty Mr. D.Dwivedi ... for the respondents October 13, 2023 [SR] Item No.3 Heard learned counsels for the parties.

The petitioner, being a Class III Government Contractor, enlisted with the Andaman Public Works Department was awarded four contract agreements by the authority for construction of Aganwadi buildings in different places. Upon completion of the work, certificate of completion was issued in favour of the petitioner on 10.06.2021, 11.04.2021, 12.04.2021 and 16.08.2021 respectively. The petitioner submitted bills for the said work before the authority in October,2021 and January, 2022 which have not been cleared till date.

Learned counsel for the petitioner takes this Court to Annexure R-I to the affidavit-in-opposition used by the respondents which demonstrates that Rs.182.18 lakhs was sanctioned and transferred to the account of the Executive Engineer, NACD, Mayabunder subject to the condition that the same would be utilized for the purpose as mentioned in the annexure appended thereto. The annexure includes the projects of the petitioner.

Despite such order, no amount has been paid to the petitioner till date. The petitioner seeks a direction upon the authority to clear the entire bills of the petitioner at the earliest. It is submitted on behalf of the respondents that the amount received by the authority as first installment was paid to the contractors who completed their work prior to that of the petitioner.

No further fund is available with the authority at present and the authority has taken up the issue with the Ministry for placement of fund.

It is pertinent to record that in reply to a letter issued by the authority for release of balance amount by the Ministry, it is stated vide letter dated 17th March,2023 that utilization certificate received by the Ministry could not be reconciled due to mismatch in the amount and the project. The letter says that further fund can be released only after reconciliation of data and geo-tagging of PMJVK assets.

Learned counsel for the respondents submits that communications are being made with the Ministry to reconcile the issue and get clearance of fund.

Be that as it may, this Court is inclined to hold that since the amount due to the petitioner is pending since long, the concerned authority i.e. the Chief Engineer, APWD, being the sixth respondent herein be directed to take all necessary steps for disbursal of the dues of the petitioner within ten weeks from the date of communication of this order. The writ petition being WPA/889/2023 is accordingly disposed of. There shall, however, be no order as to costs. The report submitted on behalf of the respondents is taken on record. The respondents are directed to make over a copy of the report to the learned counsel for the petitioner in course of this day.

Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.

( Suvra Ghosh, J. )