Anamika Social Welfare Society v. The State of Assam and 6 Ors

ORDER Date : 19-06-2024 Heard Mr. H.J. Tamuli, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned standing counsel for the PHE Department appearing for the respondent nos. 1, 2, 4, 5, 6 and 7 and Ms. U. Das, learned counsel for the respondent no.3.

¶2The case of the petitioner, a non-government organization is that the respondent no.7 had issued two orders dated 03.08.2017 and 19.08.2017, for construction of 50 and 76 nos. of low cost individual household latrines respectively. The latrines were to be constructed at a cost of Rs.12,000/- each under the Sashwa Bharat Mission. The petitioner's grievance is that though he had executed the construction of 126 nos. of latrines and submitted his final bills dated 03.10.2017 and 22.12.2017, for the amounts of Rs. 6,00,000-/ and Rs. 9,12,000/- respectively, the respondents have not paid him his contractual dues amounting to Rs. 15,12,000/- till date. Page No.# 3/4

¶3Mr. R.R. Gogoi, learned counsel for the PHE Department has submitted letter dated 14.03.2024 issued by the Chief Engineer (PHE), Sanitation Assam, addressed to Sri P.N. Goswami, the Additional Advocate General, Standing counsel, PHED, with the para-wise reply to the present case as an Annexure to the letter.

¶4In reply to para-7 of the writ petition, the para-wise comments states that the claim made by the writ petitioner is not found correct as per office records. The writ petitioner is eligible for payment of 88 nos. of individual household latrines out of 126 nos.

¶5The relevant paragraph no.7 of the para-wise reply is reproduced herein below as follows:

"Reply to Para no.7: The claim made by the said petitioner is not found correct as per Office records. The said petitioner is eligible for payment of 88 nos. IHHL out of 126 nos. IHHL (27 nos. eligible for Bill No.626 and 61 nos. eligible for Bill No.860)."

¶6In view of the admission made by the Chief Engineer, PHE, Sanitation, Assam that the petitioner is eligible for payment of 88 nos. of individual household latrines out of 126 nos. claimed by the petitioner, the respondents are bound to pay the petitioner his contractual dues, for construction of 88 nos. of individual household latrines.

¶7The Chief Engineer (respondent no.2) is accordingly directed to compute the amount payable to the petitioner for 88 nos. of individual Page No.# 4/4 household latrines and pay the admitted amount to the petitioner, within a period of 6(six) weeks from the date of receipt of a copy of this order.

¶8In view of the respondents having admitted the claim of the petitioner to the extent of 88 nos. of individual household latrines against the petitioner's claim of 126 nos. of latrines, the petitioner is given the liberty to approach the Civil Court for making his claim against the remaining disputed work done by him, as per law.

¶9The letter dated 14.03.2024 issued by the respondent no.2 and the para-wise comments annexed thereto are made a part of the record and are marked as Annexure-X collectively.

¶10The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010049122022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1965/2022o ANAMIKAoSOCIALoWELFAREoSOCIETYo REPRESENTEDoBYoITSoSOCIETYoREPRESENTEDoBYoITSoPRESIDENToSRIo JYOTISHoDEKA,oAGEDoABOUTo52oYEARS,oS/IoLT.oGUNARAMoKALITA,oR/Oo MURARA,oP.O.-RANGIA,oKAMRUPo(R),oASSAM,oPIN-781354 VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oPUBLICo HEALTHoENGINEERINGoCUMoTHEoMISSIONoDIRECTOR,oSBMo(G),oASSAM,o HENGRABARI,oGUWAHATI-36 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERING oSANITATION oHENGRABARI oGUWAHATI-36 3:THEoCHAIRMAN oKDWSC oCUMoDEPUTYoCOMMISSIONERo(R) oKAMRUP oAMINGAON 4:THEoMEMBERoSECRETARY oKDWSC oCUMoEXECUTIVEoENGINEER o(PHE)oGUWAHATIoDIVISIONoNO.oI 5:THEoASSOCIATEoMEMBERoSECRETARY oKDWSC oCUMoEXECUTIVEoENGINEERo(PHE) Page No.# 2/4 RANGIA DIVISION RANGIA 6:THE CHAIRMAN SONPAUR VWSC CUM PRESIDENT SONAPUR GAON PANCHAYAT 7:THE MEMBER SECRETARY SONAPUR GAON PANCHAYAT WATER SANITATION COMMITTE Advocate for the Petitioner : MR. A K SARMA Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA