Page No.# 1/4 GAHC010180962020 2025:GAU-AS:2729 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5441/2020 RABINDRA CHHAWCHHARIA S/O LATE GIRIDHARILAL CHHAWCHHARIA RESIDENT OF KAMAKHYA APARTMENT PO REHABARI PS PALTAN BAZAR. DIST KAMRUP M VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI 6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT(GENERAL) DEPARTMENT. DISPUR GUWAHATI 6 3:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT DISPUR GUWAHATI 3 4:THE SUPERINTENDING ENGINEER SOUTHERN ASSAM W R CIRCLE CHANDMARI GUWAHATI 3 ASSAM 5:THE EXECUTIVE ENGINEER Page No.# 2/4 GUWAHATI EAST W R DIVISION GUWAHATI 8 ASSAM 6:THE DISTRICT COMMISSIONER KAMRUP METRO ASSAM PIN-781001. ------------ Advocate for : MRS. K DEVI Advocate for : SC. WATER RESOURCE DEPTT. appearing for THE STATE OF ASSAM AND 5 ORS BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 17.03.2025 1. Heard Mr. P Talukdar, learned counsel for the petitioner. Also heard Ms. S Baruah, learned State counsel and Ms. G Hazarika, learned standing counsel for the Revenue Department. 2. The present writ petition is filed claiming an amount of Rs. 56,60,289/- against the work “Immediate measures for procurement of materials for central material Bank at Basistha, Guwahati under SDRF for 2017- 18” executed by the petitioner under the Executive Engineer, Guwahati East, Water Resource Division, Guwahati, Assam. 3. Though the Revenue and Disaster Management Department has not filed separate affidavit, however, the learned counsel relies on the affidavit filed in the connected WP(C) 5408/2020, which also relates to payment against the execution of works without prior approval and which were urgent in nature and relatable to disaster management, submits that for the purpose of payment of such amount, the District Disaster Management Authority is required to grant an ex-post facto approval and such payment can be sanctioned by the Revenue Page No.# 3/4 and Disaster Management Department only after having an ex-post facto approval. It is the further contention that the DDMA cum Deputy Commissioner is to seek approval for such work from the Disaster Management Authority with justification. 4. An affidavit has been filed by the Water Resource Department through the Assistant Chief Engineer. In the affidavit, they have taken a stand that the work order was issued to the petitioner and same was executed under State Disaster Response Fund Scheme, where the payments to the contractors against execution of work are directly released by the Deputy Commissioner and the Water Resource Department is only the executing authority. It is also their stand that after completion of the work, the Water Resource Department has also communicated the same with the Deputy Commissioner to make the payment regarding the said works vide communication dated 18.01.2019. 5. Thus, it is clear that the petitioner had executed the work. It is an admitted position that that the work was executed as an immediate measures for procurement of materials for central material Bank at Basistha, Guwahati and was executed under the Supervision of Executive Engineer, Guwahati East, Water Resource Division, Guwahati, Assam. 6. In the aforesaid backdrop and also taking note of the stand before this court in the affidavit, instead of keeping this writ petition pending, same is disposed of directing the respondent authorities i.e. DDMA, Guwahati (Deputy Commissioner, Guwahati), the respondent in Water Resource Department and the Revenue & Disaster Management Department including the State Executive Committee, State Disaster Management Authority to complete the process as regards the claim of the petitioner within a period of 90 days from the date of receipt of a certified copy of this order. If it is found that the petitioner is Page No.# 4/4 entitled for such payment, the payment be made within a period of four weeks thereafter. JUDGE Comparing Assistant