Daniel Brahma v. The State of Assam and 9 Ors

ORDER

12.08.2024

¶1Heard Mr. D. Choudhury, learned counsel for the petitioner. Also heard Ms. A. Lodha, learned counsel for the respondent No.4; Ms. S. Boro, learned counsel appearing on behalf of Ms. R.B. Bora, learned counsel for the BTC and Mr. H. Baruah, learned counsel appearing on behalf of Mr. B. Gogoi, learned counsel for the respondent No.6.

¶2The petitioner's case is that he had participated in a tender process for construction of an Observation Home for Children at Bedlangmari, Kokrajhar. The contract was awarded to the petitioner and an agreement was executed on

27.08.2019 for the estimated cost of Rs.1,81,24,781/-. On successful completion of the contract work on 05.05.2022, the site was handed over to the concerned District Welfare Officer under the Social Welfare Department. Further, the PWD gave a completion certificate in respect of the said work. However, despite the completion of the contract work, the respondents have not released the contractual dues of the petitioner amounting to Rs.1,81,23,504/-.

¶3It is seen from the affidavit filed by the respondent No.8 that the petitioner Page No.# 4/7 had completed the construction work and that a demand proposal for payment of Rs.1,81,23,503/- had been submitted to the Chief Engineer, PWD (Building), vide letter dated 28.09.2022 issued by the Executive Engineer, PWD Kokrajhar & Chirang District Territorial Building Division, Kokrajhar.

¶4Ms. A. Lodha, learned counsel appearing for the respondent No.4 submits that the payment for the contract work is to be made by the respondent No.3 and not by the respondent No.4.

¶5Mr. K. Gogoi, learned counsel for the respondent No.3 has submitted a letter No.BTC/LR-503/2024/16 dated 07.08.2024 issued by the Joint Secretary, Bodoland Territorial Council, Kokrajhar, which states as follows:- "Sub: Approval for allotment of land. Ref: No. KRC-15/2020/371, dated 02/08/2024

Sir/Madam, With reference to the subject cited above, I am directed to say that the Bodoland Territorial Council is pleased to approve the proposal for allotment of land measuring 05B-04K-18L (out of 617B-00K-06L) Saloni class of land covered by Dag No.35/33 (Pt) of Village Bedlangmari under Mouza-Rokakhata for setting up of the proposed Observation Home under Social Welfare Department, BTC as per proposal submitted by you vide letter under reference.

The land record may be corrected accordingly. All relevant documents received with your proposal under reference are returned herewith for your necessary action."

¶6Mr. K. Gogoi has also submitted letter No.E-138049/249 dated 08.08.2024 issued by the Joint Secretary to the Govt. of Assam, Women & Child Development Department addressed to the respondent No.3, requesting the Director to submit a revised proposal of administrative approval for construction of Observation Home, Page No.# 5/7 Bedlangmari, Kokrajhar, in view of the change of Head-of-Account in the current budget.

¶7The contents of the letter dated 08.08.2024 are reproduced hereinbelow as follows:- "Sub: Submission of revised proposal for Administrative Approval for construction of Observation Home, Bedlangmari, Kokrajhar. Ref: Your Letter No. DWCD(ICDS)G/104/2017/Pt/406 Dated 08.07.2022 Sir, In inviting a reference to the letter cited above, I am directed to request you to submit a revised proposal of Administrative Approval for construction of Observation Home, Bedlangmari, Kokrajhar in view of change of Head-of-Account in the current budget. You are further requested to submit re-appropriation proposal subsequently in case current year budget provision does not cover the bill amount. This is for favour of your kind information and necessary action."

¶8Mr. K. Gogoi, thus submits that in view of the above letters, a revised proposal for administrative approval for construction of Observation Home in Bedlangmari, Kokrajhar will be made and thereafter, the admitted amount payable to the petitioner will be paid. In this regard, he has relied upon another letter No.DWCD(LC)24/2024/8 dated 08.08.2024 issued by the respondent No.3, which states as follows:-

"Sub: Additional instruction in respect of WP(C)No.3153/2023, Daniel Brahma -Vs-The State of Assam & Ors. Ref: 1. Earlier letter No. No.DWCD (LC)24/2024/6, dated 08-08-2024. Page No.# 6/7

¶2Letter No. ASGA/GB/2024/5296-5297, dated 10-06-2023.

¶3Hon'ble Court's order dtd. 06-08-2024 passed in WP(C)No.3153/2023. Sir,

With reference to the subject cited above and in addition to the earlier instruction, I would like to inform you that on receipt of intimation regarding approval for allotment of land issued by BTC, Kokrajhar on 07-08-2024 to set up Observation Home in Kokrajhar, the same was communicated to Govt. in Women and Child Development on 08-08-2024. In response, Govt. in WCD vide E-138049/249, dated 08-08-202 has requested to submit proposal for Administrative approval (Revised) from this end for construction of the said Observation Home in Kokrajhar in view of change of Head-of-account in the current budget as well as subsequent re-appropriation proposal in the matter, in case current year budget provision does not cover the bill amount (Copy of earlier instruction and Govt. letter dated 8-8-2024 enclosed at Annexure-A, B respectively).

Therefore, you are hereby requested to apprise before the Hon'ble court accordingly and also requested to allow 2(two) weeks' time to submit revised proposal for Administrative approval for construction of the said Observation Home in Kokrajhar.

This is for favour of your kind information and necessary action."

¶9I have heard the learned counsels for the parties.

¶10The letter dated 07.08.2024 and the two letters dated 08.08.2024 are made a part of the record and marked as Annexures-X, Y & Z respectively. The above letters clearly go to show that the State respondents have admitted their liability towards the petitioner for payment of his dues.

¶11The respondents are accordingly directed to submit a reappropriation proposal/ revised proposal for administrative approval for construction of the Observation Home in Kokrajhar and make funds available for payment of the Page No.# 7/7 admitted amount of Rs.1,81,23,503/- to the petitioner. The entire exercise should be concluded within a period of 4(four) months from the date of receipt of a certified copy of this order.

¶12The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/7 GAHC010117722023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3153/2023o DANIELoBRAHMAo S/O-oMANIRAJoBRAHMA,oR/O-oJ.D.oROAD,oKOKRAJHAR,oP.O.,oP.S.oANDoDIST. KOKRAJHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo9oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oSOCIALoWELFAREoDEPARTMENT,oDISPUR,o GUWAHATI,oASSAM,oPIN-o781006. 2:THEoJOINToSECRETARY oSOCIALoWELFAREoDEPARTMENT oDISPUR oGUWAHATI oASSAM oPIN-o781006. 3:THEoDIRECTOR oWOMENoANDoCHILDoDEVELOPMENT oGUWAHATI oASSAM oPIN-o781001. 4:THEoDIRECTOR oSOCIALoJUSTICEoANDoEMPOWERMENT oLAKHIoMANDIR oBELTOLA oGUWAHATI oASSAM PageoNo.#o2/7 oPIN-o781028 5:THEoDISTRICToSOCIALoWELFAREoOFFICER oKOKRAJHAR oASSAM 6:THEoCHIEFoENGINEER oPWDo(BUILDING) oCHANDMARI oGUWAHATI oASSAM oPIN-o781003. 7:THEoSUPERINTENDINGoENGINEER oPWDo(RoANDoB)oCIRCLE oKOKRAJHAR. 8:THEoEXECUTIVEoENGINEER oPWD oKOKRAJHARoDISTRICToANDoCHIRANGoDISTRICT oTERRITORIALoBUILDINGoDIVISION oKOKRAJHAR. 9:THEoASSISTANToEXECUTIVEoENGINEER oPWD oKOKRAJHARoTERRITORIALoBUILDINGoSUB-DIVISION oKOKRAJHAR. 10:THEoDIVISIONALoFORESToOFFICER oPARBATJHORAoDIVISION oSUPARIGHAT oBODOLANDoTERRITORIALoCOUNCIL oASSAM 11:THEoDIRECTORoOFoSOCIALoWELFARE oASSAM oUZANoBAZAR o GUWAHATI oASSAMo PIN-781001. 12:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoWOMENoANDoCHILDoDEVELOPMENT oDISPUR Page No.# 3/7 GUWAHATI ASSAM Advocate for the Petitioner : MR. D CHOUDHURY, MR T CHAKRABORTY,MR J DAS,MS B CHOUDHURY Advocate for the Respondent : GA, ASSAM, MR. S S ROY (R-12),SC, SOCIAL JUSTICE AND EMPOWERMENT,SC, PWD,SC, BTC,SC, FOREST BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA