Page No.# 1/7 GAHC010168442023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4516/2023 NABIN CH HATIMURIA RESIDENT OF HATIGAON, SEWALI PATH, DISPUR, GUWAHATI- 781006. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6. 2:THE PRINCIPAL SECRETARY TO THE GOVRNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE PRINCIPAL SECRETARY HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-6. 4:THE COMMISSIONER AND SPL. SECRETARY GOVERNMENT OF ASSAM PUBLIC WORKS DEPARTMENT (BLDG AND NH) DISPUR GUWAHATI-6. 5:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (BUILDING) ASSAM CHANDMARI Page No.# 2/7 GUWAHATI-3. 6:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DISPUR AND GUWAHATI EAST TERRITORIAL BUILDING DIVISION FANCY BAZAR GUWAHATI-1. 7:THE ASSAM HUMAN RIGHTS COMMISSION BODOFA UN BRAHMA PATH RUPNAGAR GUWAHATI-32 REPRESENTED BY ITS SECRETARY. 8:THE SECRETARY ASSSAM HUMAN RIGHTS COMMISSION BODOFA UN BRAHMA PATH RUPNAGAR GUWAHATI-781032 Advocate for the Petitioner : MR. J PATOWARY, Advocate for the Respondent : GA, ASSAM, SC, PWD,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 25.06.2025 1. Heard Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. A. Chaliha, learned counsel for the Finance Department and Mr. D. Nath, learned Senior Government Advocate, Assam for the State respondents. 2. The case of the petitioner is that he is a registered Class-I Contractor Page No.# 3/7 under the Public Works Department [PWD], Assam. Pursuant to a tender process, he was awarded a contract work: “Construction of Multi- Storied Office Building of the Assam Human Rights Commission at Rupnagar, Guwahati – 32” [‘the Contract-Work’, for short], having emerged as the successful bidder. After being awarded the Contract-work, the petitioner completed the same to the satisfaction of the respondent authorities. Accordingly, the Assam Human Rights Commission building was handed over on 22.09.2022 and the respondent PWD Building Division had also issued a Work Completion Certificate. After completion of all the formalities, the petitioner submitted his final bills for an amount of Rs.20,84,38,056/-. Though a part of the final bill amount was released, the petitioner is yet to receive an amount of Rs.5,81,740,16/-. Seeking a direction to the respondent authorities to disburse the said petition, the petitioner has preferred the instant writ petition. 3. The petitioner’s counsel submits that contract work undertaken by the petitioner for construction of Assam Human Rights Commission building has been completed and the said building has been taken over by the Assam Human Rights Commission and the Assam Human Rights Commission is presently functioning from the said building. As such, there was no justification in not paying the petitioner his contractual dues. 4. The affidavit filed by the respondent no.3, i.e. the Additional Secretary to the Government of Assam, Home & Political Department on 09.12.2024, states that the Government of Assam had sanctioned and released funds to the Assam Human Rights Commission for payment to the contractor, as follows : Page No.# 4/7 “(a) Sanction No. PLA. 142/2014/178/ecf-7694, dated 04/02/2019 - Rs. 50.00L (b) Sanction No. FS/09 2019-20(1) 1049, dated 26/02/2020 – Rs.500.00L (c) Sanction No. FS/09 2020-2101) 2159, dated, 24/02/2021 - Rs 925.35000L Total amount released by the Govt. of Assam - Rs 1475.35L” 5. Thereafter a meeting was held under the Chairmanship of the Additional Chief Secretary of the Home & Political Department on 14.08.2024 at 11 a.m, in the conference room of the Additional Chief Secretary with the senior officers of Home & Political Department, to discuss matters/cases pertaining to pending liabilities of the Political Department, wherein it was decided that Supplementary demand and contingency fund proposals amounting to more than Rs.5.00 crores would be moved to clear pending liabilities of the contractors which was under process and the contingency fund advance proposal had already been submitted to the Finance Department, for making budgetary provision for releasing the outstanding bills of the contractors. 6. The minutes of the meeting held on 14.08.2024 pertaining to the petitioner states as follows : “1. WP(C) No. 4516/2023 (Nabin Ch. Hatimuria - Vs - The State of Assam & 7 Ors.) (Related to Political (A) Department) At the very outset, Shri Dilip Kumar Bothra, ACS, Joint Secretary, Home & Political Department briefed the Committee on the purpose of the meeting and presented the background and steps taken by the department pertaining to WP(C) No. 4516/2023 (Nabin Ch. Hatimura - Vs - The State of Assam 7 Ors). The Committee was Page No.# 5/7 informed that there is an outstanding liability for payment of Rs. 6.09 Cr in respect of Shri Nabin Ch. Hatimura who executed the construction work of AHRC building and also informed that there was no budget available in the FY 2023-24 for sanction and release of the balance amount of Rs. 6.09 cr, hence, it was proposed that SD may be moved to Finance Department for making budget provision which was approved by HCM. Accordingly, Parawise Comments was submitted by this Department to the Hon'ble Gauhati High Court wherein it was mentioned that the Finance Department is being moved for a SD for making budget provision in the next Assembly Session for making the necessary payment in the FY 2023-24. Thereafter file was moved for CF advance and it was directed by the HCM that CF has already exhausted and Department may propose the same as SD. However, this could not be done as the Assembly was not in session. The amount was also proposed in the Budget proposal for the FY 2024-25. However, a token provision of Rs. 1000/- only has been kept for the H/A 2070-00-105-0519-000-35-99. In view of the above, File eCF No.7694 will be moved for SD proposal to clear the liabilities of the contractor on receiving of instruction of HCM in this file. Further, Addl. Chief Secretary, Home & Political Department viewed the matter regarding alteration in the original Plan of the works, without prior approval of the as gross violation of the established procedure and provisions of the AFRBM Act and directed the department to communicate with Personnel (A) Department and PWD (B&NH) for initiating departmental proceeding against the then Secretary, AHRC and the then Chief Engineer, PWD(B) without any delay.” 7. The above being said, the counsel for the petitioner submits that an amount of Rs.5,81,74,016/- is the balance amount required to be released to the petitioner, for the works executed by him. Page No.# 6/7 8. Mr. D. Nath, learned Senior Government Advocate submits that the proposal for sanction of the payment payable to the petitioner has been sent to the Finance Department on 20.05.2025 and the same is pending in the Finance Department. 9. Mr. A. Chaliha, learned counsel for the Finance Department has submitted letter no. BB.55/2025/04 dated 09.06.2025, issued by the Deputy Secretary to the Government of Assam, Finance (Budget) Department and which is addressed to the Secretary to the Government of Assam, Home & Political Department. The said letter is made a part of the record and marked as Annexure-X. The contents of the Annexure-X is as follows : “Sub WP(C) 4516/2023 (Nabin Ch. Hatimuria -Vs- Narayan Konwar & 7 Ors). Ref: : Letter No. DS/FD/2025/334, dated 03-06-2025 by Shri Angshashish Chaliha, Advocate, Gauhati High Court and Standing Counsel, Finance Department. Sir, In inviting a reference to the subject quoted above, I am directed to say that the proposal for Advance from Contingency Fund No. CF-09-0001 amounting to Rs.581.74 Lakh related to WP(C) 4516/2023 has been scrutinized in Finance Department. Political Department is requested to submit Supplementary Demand proposal for the same as and when the next Assembly Session is declared. If due to some reasons, Supplementary Demand Budget does not take place, then, a proposal for Advance from Contingency Fund may be submitted for taking necessary action at this end. This has the approval of competent authority.” Page No.# 7/7 10. As can be seen from Annexure-X, the Political Department has been requested to submit a Supplementary Demand proposal for payment of Rs.581.74 lakh to be placed before the next Assembly Session. If due to some reason, Supplementary Demand Budget cannot be made, then, the proposal for advance from Contingency Fund is to be submitted for taking necessary action. 11. On considering the fact that the State respondents have admitted that they are liable to pay to the petitioner an amount of Rs.581.74 lakh, this Court directs all the respondents to ensure, that the payment of the admitted amount is made to the petitioner, within a period of 4 (four) months from the date of receipt of a certified copy of this order. 12. The writ petition is accordingly disposed of. JUDGE Comparing Assistant