Page No.# 1/14 GAHC010243442023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6246/2023 NORTH EAST ENVIRO TECH PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS OFFICE AT FLAT NO A-4, 4TH FLOOR, HERASATULLAH ENCLAVE, S.K BHUYANROAD, DIGHALIPUKHURI, GUWAHATI, KAMRUP(M), ASSAM, REPRESENTED BY ITS DIRECTOR, SRI ROHITASBHOMIA, AGED ABOUT 58 YEARS, SON OF RAJENDRA KR BHOMIA VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, DISPUR , GUWAHATI. 2:GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER GUWAHATI. 3:ADDITIONAL COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GUWAHATI 4:CHIEF ENGINEER GUWAHATI MUNICIPAL CORPORATION GUWAHATI 5:ADDITIONAL CHIEF ENGINEER GUWAHATI MUNICIPAL CORPORATION GUWAHATI 6:SUPERINTENDING ENGINEER CONSERVANCY BRANCH GMC GUWAHATI Page No.# 2/14 7:EXECUTIVE ENGINEER DIV II GUWAHATI MUNICIPAL CORPORATION GUWAHATI 8:JUNIOR TECHNICAL OFFICER DIV VI GUWAHATI MUNICIPAL CORPORATION GUWAHAT Advocate for the Petitioner : MR. U K NAIR, MS. SUDAKSHINA K.,MR B KAUSHIK,MS A M DCOSTA Advocate for the Respondent : SC, HOUSING AND URBAN AFFAIRS, SC, GMC BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 25.09.2025 Heard Mr. B Kaushik, learned counsel for the petitioner. Also heard Mr. S Bora, learned Standing counsel, GMC for all the respondent Nos. 1 to 8. 2. By way of this instant writ petition under Article 226 of the Constitution of India, the petitioner is canvassing his grievance against non-release of Rs. 1,76,98,731/- (Rupees One Crore Seventy Six Lakh Ninety Eight Thousand Seven Hundred Thirty One) only, against the two invoices dated 18.04.2022 and 18.05.2022 in connection with RFP (Request for Proposal) for segregation of legacy waste using trammels, others allied infrastructure and manpower vide Work Order No. GGR/139/2020/3495 dated 22.12.2020. 3. Brief facts of the case is that bids were invited from competent bidders for Segregation of Legacy Waste using Trommels, other allied infrastructure and manpower by NIT dated 20.10.2020, wherein the scope of work is provided as under – “Scope of Work Page No.# 3/14 · Guwahati Municipal Corporation requires Bio-Mining/segregation of legacy waste deposited at West Boragaon dump site. · It will be the discretion of Commissioner, Guwahati Municipal Corporation to award the quantity work to the qualified bidders. · Running Bill should be minimum 30% of contract value. · Monitoring of Weigh Bridge will be done by GMC. · Contractor should keep spares and regular breakage parts so that the down time of machines are lowest. · The duration of the contract will be minimum 12 months which can be extended by mutual consent of both the parties. · As the measuring parameters will be on weight basis, a computerised weigh bridge with CCTV facility shall have to be installed in suitable location for weighing of incoming legacy waste. Alternatively, selected bidder shall have to arrange 3rd party weigh bridge for measurement of waste. · To transport the machines/vehicles up to the site provided by the Guwahati Municipal Corporation. · To install the machines/vehicles at site provided by the Guwahati Municipal Corporation. · Digging/Loading/Transportation of legacy waste from Dumpsite for segregation, segregation at trammel with sufficient manpower including manual segregation at conveyor belt and staking of segregation waste at designated place at Dumpsite. · To get the machines/vehicles and its workman insured against accident. · To carry out necessary maintenance of the machine/vehicles during the contract period. · To take the machine/vehicles back at the end of the contract period. · The contractor shall maintain records in the format as required by Guwahati Municipal Corporation. · Disposal of Segregated Waste is not responsibility of the Bidder, however the Contractor may sell or otherwise dispose of the segregated waste partially or fully without any cost or payment to GMC. · Arrangement of power of required load to run the segregation machineries. Page No.# 4/14 · The Contractor shall provide mobile phones to Manager, Supervisors. These telephone numbers should be communicated to Guwahati Municipal Corporation. · Intended bidders must submit list showing details specifications, nos of the Machineries/Vehicles they intend to engage to achieve the target. They are also to indicate manpower details to be engaged by them.” 4. Thereafter, the petitioner was awarded the aforesaid work for Segregation of Legacy Waste of 3,61,000/- MT as per the terms and conditions, specifications and timeline fixed in the RFP by order dated 22.12.2020. 5. Pursuant to the aforesaid allotment of work, an agreement was executed by the petitioner with the GMC authorities on 31.12.2020 for Segregation of Legacy Waste of 3,61,000/- MT as per the tender terms and conditions. The scope of work as prescribed in the subject NIT which is extracted hereinabove, is similarly specified in the Annexure-1 enclosed to the said agreement. 6. Thereafter, the petitioner after completion of installation of CCTV as per the tender condition and using the GMC weighbridges for weighing the legacy waste, started the work. 7. Accordingly, several bills have been raised from time to time, which upon being verified were paid to the petitioner. 8. However, two bills dated 18.04.2022 and 18.05.2022 amounting to Rs. 1,76,98,731/-, despite being verified have not been released to the petitioner till date. 9. Situated thus, the present writ petition has been preferred. 10. Mr. B Kaushik, learned counsel for the petitioner submits that despite the petitioner’s work having been verified by the Executive Engineer and the Chief Superintendent Engineer, the legitimate dues of the petitioner has been kept pending since 2022. He further submits that the deprivation of the petitioner’s Page No.# 5/14 legitimate pending bills, has violated the constitutional right of the petitioner guaranteed under Article 300 A of the Constitution of India. He further submits that the petitioner being a small enterprise under the MSME Act, 2006, non-clearance of the same has totally prejudiced the petitioner. 11. He further submits that despite the petitioner using the weighbridges of the respondent GMC, the committee constituted by the respondent GMC to clear the two subject pending bills of the petitioner has in a most mechanical and arbitrary manner, rejected the same on the grounds that he has not submitted the electronic weighbridge slips and not submitted other pertinent documents. 12. He further submits that it is the GMC, who has to monitor the weighbridge after the petitioner either installs/uses/hires the same from third parties. He further draws the attention of this Court to the letter dated 12.06.2023 enclosed as Annexure-B to the affidavit-in-opposition filed by the respondent GMC on 17.12.2024 to buttress the point before this Court that the petitioner has submitted all the requisite documents before the respondent authorities so that his claim could have been verified by the so called constituted committee. 13. Per contra, Mr. S Bora, learned Standing counsel, GMC submits that since the subject two invoices submitted by the petitioner did not have the signature of the Executive Engineer, Division-4, GMC, the same could not be processed initially. 14. He further submits that the concerned Executive Engineer was later on also arrested by CM Vigilance in connection with allegation of misappropriation of public money. He further submits that the 10 member committee headed by the Additional Commissioner, GMC as Chairman was constituted by notification dated 23.08.2024 for clearance of outstanding liabilities against the petitioner for the subject work. 15. He further submits that the claim of the petitioner having been examined by Page No.# 6/14 the said committee and rejected thereof, no relief as sought for in the instant writ petition is warranted. 16. Having heard the learned counsels for the parties and perusal of the materials available on record, it appears that out of the 11 bills submitted by the petitioner in connection with the aforesaid work, 9 bills have already been passed after verification. The controversy arises out of the two remaining bills, i.e. dated 18.04.2022 and 18.05.2022 amounting to Rs. 1,76,98,731/- in total. 17. It appears that as regards the bill dated 18.03.2022, the Executive Engineer, GMC, Guwahati on 19.04.2022 has issued the certificate of satisfactory completion of the said work, which read as under – “OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION ENGINEERING WING: DIVISION-VI :: LAKHRA CHARIALI GER/DIV-VI/Misc/01/2011/Part/2021/21 Date:19/04/2022 To Whom It May Concern It is certified that M/s North East Enviro Tech Private Limited A-4, Hemsatullah Enclave, S.K Bhuyan Road, Dighalipukhuri (E), Guwahati 781001, Kamrup (M), Assam, India was awarded the Work "Bio-Mining/ Segregation of Legacy Waste using Trommels, other allied infrastructure and manpower at west Boragaon Dumpsite, Guwahati" vide letter no. GGR/139/2020/3495 dated 22 Dec 2020 (Total Quantity 361,000 MT), M/s North East Enviro Tech Private Limited has segregated the Legacy waste of 3,36,367.23 MT till March, 2022. The physical progress of the work is about 93% approximately. The performance and work progress is satisfactory. Executive Engineer, Div-VI Guwahati Municipal Corporation Page No.# 7/14 Guwahati.” 18. It also appears that the Executive Engineer, Division-6, GMC further by letter dated 07.06.2022 has certified commendable performance and completion of total work of 3,61,011.75 MT out of the total order quantity of 3,61,000.00 MT, which read as under – “OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION ENGINEERING WING: DIVISION-VI :: LAKHRA CHARIALI Memo No. GER/DIV-VI/Misc/01/2011/Part/2021/30 Date:07/06/2022 To Whom It May Concern It is certified that M/s North East Enviro Tech Private Limited was awarded the work “RFP for segregation of legacy waste using trammels, others allied infrastructure and manpower” vide work order No. GGR/139/2020/3495, dtd. 22/12/2020 and executed 3,61,011.75 Metric Tonnes out of total ordered quantity 3,61,000.00 Metric Tonnes. The performance is commendable and work completed satisfactorily. Executive Engineer, Div-VI Guwahati Municipal Corporation Guwahati.” 19. It further appears that the stand of the respondent for not releasing the aforesaid two bill amount is due to the absence of signature of the Executive Engineer in the subject two bills, for which a 10 member committee was constituted, which after reviewing the claim of the petitioner on 07.09.2024 held that the petitioner failed to produce the electronic weighbridge slips/other pertinent documentary evidence to verify the work done. The minutes of the meeting held Page No.# 8/14 on 07.09.2024 read as under – “Minutes of the meeting held on 07.09.2024 at 03.00 P.M. in the Office of the Additional Commissioner, GMC List of Attendance in annexure 1. The meeting was presided over by Shri Dipu Kumar Deka, ACS, Additional Commissioner. Guwahati Municipal Corporation (GMC). He welcomed all the participants and asked the Executive Engineer MSWM. GMC to brief the house on the outstanding liabilities related to North East Enviro Tech Pvt. Ltd for West Boragaon Dumpsite Project which involves "segregation of legacy waste using trommels, other allied infrastructure and manpower." The meeting was held in continuation of discussions recorded in the previous minutes vide no. GMC/AC/06/2024/10 Dated:- 30/08/2024. The following points were recorded as minutes:- 1 The claimant, North East Enviro Tech Pvt. Ltd was given a reasonable opportunity to submit records supporting their claim of Rs. 1,76,98,731.00 via communication letter no. GSR/MSWM(P)/10/2023/Pt- 11/91 Dated:- 05/09/2024. 2. In response, the claimant submitted a reply via letter no. NEET/Misc/2024-25/09/01 Dated:- 06/09/2024 enclosing the following documents · Generic photographs of the site. · Copies of manual logbooks. 3. The committee referred to the relevant contract provisions, particularly those specifying the claimant's obligation to provide detailed invoices for work completed. Upon reviewing the submitted documents, the committee noted that the claimant failed to produce the electronic weight bridge slips or other pertinent documentary evidence to verify the work done 4. The claimant's submissions were deemed inadequate in the following areas: Quantification of work: The documents provided did not clearly quantify the work performed as per contractual obligations. Compliance with standards: The submissions did not meet the required standards or specifications outlined in the contract. 5. Committee's Conclusion and Recommendation: Page No.# 9/14 In the light of the above and to ensure accountable use of public funds, the committee concluded that the claims made by the claimant could not be substantiated in terms of quantity of work as per the terms of the contract. Considering these unverified claims would risk unwarranted or irregular expenses from the public exchequer. Therefore, the committee recommended rejection of the claim, subject to approval by the competent authority. Addl. Commissioner cum Chairman Guwahati Municipal Corporation Guwahati” 20. Reading the above minutes, it is clear that the petitioner’s work against the aforesaid two subject pending bills could not be verified due to non-submission of electronic weighbridge slips and other pertinent documentary evidence by the petitioner before the said committee. It is thus established that the claim of the petitioner was rejected merely on two grounds, (i) failure of the petitioner to produce the electronic weighbridge slips and (ii) other pertinent documentary evidence to verify the works done. At this juncture, apt to refer to the relevant paragraphs of the affidavit-in-reply filed by the petitioner against the affidavit-in- opposition filed by the respondent Nos. 2 to 8, which read as under – 7. That, the purported justification projected in para 10 of the counter affidavit is baseless, unreasonable and not tenable in the eye of law, more so when the respondent authorities have not denied and disputed the satisfactory completion of the work as per tender as being acknowledged and certified by the authorities time to time. Furthermore, the respondent again an authorities in their affidavit also did not dispute and denied the letter dated 14.09.2022(Annexure-12 of the writ petition), which is acknowledgement of completion of work in addition to the certificate dated 19.04.2022 and 07.06.2022. Thus, under such circumstances, the constitution of a committee so as to examine the claim of the petitioner was not at all called for. Be that as it may, there was no such requirement in the work order or the tender regarding retaining of weigh bridge slips and CCTV footage and therefore, Page No.# 10/14 in practice the legacy waste after segregation was used to be weighed in the digital weighing machine and thereafter, manually it was recorded in the log books maintained and monitored by the supervisor of GMC and the same used to be verified and acknowledged by the respondent no.8.Similarly, as contended above, the access of viewing and monitoring through CCTV as was already provided to the authorities after its installation on10.02.2021, there was no requirement of retaining the CCTV footages, as installation of CCTV was obligation of the petitioner not retaining of records of footage of CCTV. The above purported examination of the committee is designed with preconceived mind so as to deprive the petitioner from getting its dues. Be that as it may, the petitioner vide its letter dated 12.06.2023 already submitted the mentioned documents, which is enough proof of completion of the work. The findings of the committee in rejecting the claim of the petitioner for payment of its two pending bills are arbitrary, unreasonable and not sustainable in the eye of law The petitioner duly executed and completed the work to the satisfaction of the authorities and to that effect the authorities have duly acknowledged it by certifying the completion with satisfaction, which has not been disputed or denied by the respondent in its counter affidavit, and thus now the committee's purported examination in respect of the completion of the work by insisting upon the petitioner to produce electronic weigh bridge slip and other documentary evidence for proving quantification and standard of work is ex facie illegal and on the face of it is an afterthought with an malafide intention.” 21. Reading of the aforesaid paragraphs, it is evident that the petitioner by letter dated 12.06.2023 has already submitted the requisite documents which appears to be sufficient enough to verify the completion of the work in question. The aforesaid letter dated 12.06.2023 submitted by the petitioner to the Commissioner, GMC, reads as under – “To, The Commissioner, Office of the Commissioner, Guwahati Municipal Corporation, Bhangararh, Guwahati, Assam. Page No.# 11/14 Ref.: Work Order No. GGR/139/2020/3495 Dated 22-12-2020 Sub: Pending Payments for Final 2 Invoices of Legacy Waste Segregation at Boragaon Site of GMC as per above referenced work Order. Dear Sir, The work of Legacy waste Segregation as per work Order No. GGR/139/2020/3495 22-12-2020 has been completed in April 2022. The Invoices were submitted with the office of the Concerned Executive Engineer, i.e., Division VI in the Month of May 2022. Copy of the Covering Letter is submitted at Annexure-05,06 at Pages 07,08. The Total Work Order was for segregation of 361000 MT of Legacy Waste amounting to Rs. 10,00,00,000.00 (Ten Crores only). As the Work progressed NEET submitted total of 11 Invoices covering the entire 361000MT of segregation of Legacy waste. Out of the total 11 Invoices, 9 Invoices have been paid by GMC amounting to Rs. 82298264/-. There are 2 pending Invoices amounting to Rs. 17698731 which are to be paid by GMC. The delay is causing grave harm to our MSME company which has invested borrowed funds. We are paving heavy Interests to the Lenders. For your ready Reference we are again submitting hereby the copy of the Documents supporting our payment demand. 1 Work Order and Extension. Annex-01,02, pg-02-03. 2 Agreement. Annex-03, pg-04-06. 3 Technical Sanction Letter Annex-04 pg 06a. 4. Pending Invoice Copies. Annexure 07 pg-09-10. 5. Duly signed Logbook has been submitted with the Inspection comments of the JTC Copy of the sheets attached. Annexure 08 pg 11-17 6. Photographs taken during the work Progress. Annexure 11 pg 20-33. 7. Photographs taken during officer visits to site Annexure 12 pg 34-37. 8 Exec. Engineer Div-VI Completion Certificate, Annexure 09 pg-18-18. 9. Exec. Engineer Div-V1 letter directing NEET to remove the Trommels as work has been Completed. Annexure 10 pg 19-19. Page No.# 12/14 10. Logbook of RDF Leading by GMC Supervisor Commissioner. GMC has permission to Dalmia Cement for taking RDF to their Plant for Disposal. About 242 were sent to Dalmia Cement in the Month of March, April and May 2022. The same can be verified with Dalmia cement. Annexure 13 pg, 38-125. 11. Completion Certificate in all respect by the Chief Engineer in APWD format Annexure 14 Pg 126 126. You are requested to make the Pending Invoice payments with Interest as per the MSMED Act 2006. The undersigned is available for any clarification as desired by the department. Thanking you, For North East, Enviro Tech Private Ltd.” 22. That apart, as per the Scope of Work, as referred above in the subject tender and the agreement in question, it is the obligation of the contractor/bidder to install computerized weighbridge with CCTV facility in suitable location for weighing the incoming legacy waste and the same can also be arranged through third party for management of waste. Thereafter, it is the obligation of the respondent GMC, to monitor such weighbridge under the scope of work clause. 23. In the present case, it appears the petitioner by letter dated 10.02.2021 has informed to the Commissioner, GMC as regards the installation of CCTV in terms of the tender conditions. Letter dated 10.02.2021 read as under – “To, The Commissioner, Guwahati Municipal Corporation, Panbazar, Guwahati, Kamrup (M) Assam 781001 Page No.# 13/14 Ref: 1. Your Work Order No. GGR/139/2020/3495 dated 22.12.2020 selecting us to Segregate 3,61,000 MT of Legacy Waste. Sub: Weighbridge repairs. Dear Sir, One Weighbridge at Boragaon Dumpsite of GMC is in working condition and we are daily using the GMC Weighbridge for weighing the Legacy waste as per the above Tender. There is one more Weighbridge which is not working. We have done survey of this weighbridge which will cost about Rs. 250,000/- to bring it to functioning condition. NEET will use its own funds to get it repaired and use for the purpose of weighing Legacy waste. On completion of our project we will hand-over the Weighbridge in working condition to GMC which can be utilized by GMC. Your approval will enable us to get the Weighbridge immediately and start using the same. Thanking You. For North East Enviro Tech Pvt. Ltd. ” 24. It further appears that by the said letter dated 10.02.2021, the petitioner has also informed the Commissioner, GMC as regards the use of the weighbridges and using one of the GMC weighbridge, after repairing the same at his own costs. 25. In view of what has transpired from the above discussion, the grounds of rejection of the claim of the petitioner for failure of the petitioner to produce the documents, does not inspire confidence of this Court as it is apparent that the aforesaid documents were already submitted before the said committee by the petitioner. 26. Be that as it may, in the interest of justice, this Court is of the considered view that this writ petition can be deposed of, by directing the respondent GMC to place the claim of the petitioner afresh, before the said 10 member committee with the relevant documents for clearance, whereafter the said committee shall consider all the documents, including the final completion certificate issued by Executive Page No.# 14/14 Engineer, Division-6, GMC on 07.06.2022 and after verifying the same, if the petitioner is found entitled, to clear the outstanding bills of the petitioner, within a period of two months from the date of receipt of certified copy of the order and upon receipt of such clearance from the said committee, the respondent No. 2, the Commissioner, GMC, shall release the payment due to the petitioner as per the clearance, within a period of one month thereof. 27. It is needless to be clarified that the said committee shall give the petitioner full opportunity of hearing while verifying the claim of the petitioner for clearance of payment. 28. With the above observation and direction, this writ petition, stands disposed of. JUDGE Comparing Assistant