Page No.# 1/5 GAHC010057802021 2025:GAU-AS:2727 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2154/2021 RANJIT GOGOI S/O- SRI GHUNU GOGOI, R/O- BAKAL GAON, WARD NO. 9, P.O. KHUBALIA, PIN- 787057, DIST.- DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR, GHY-06, KAMRUP (M), ASSAM 2:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (GENERAL DEPTT.) DISPUR GHY-06 KAMRUP (M) ASSAM 3:THE CHIEF ENGINEER WATER RESOURCES DEPTT. GOVT. OF ASSAM CHANDMARI GHY-03 KAMRUP (M) ASSAM 4:THE SUPERINTENDING ENGINEER LAKHIMPUR WATER RESOURCES CIRCLE NORTH LAKHIMPUR PIN- 787001 DIST.- LAKHIMPUR ASSAM Page No.# 2/5 5:THE EXECUTIVE ENGINEER DHEMAJI WATER RESOURCES DIVISION DHEMAJI PIN- 787057 DIST.- DHEMAJI ASSAM 6:THE DY. COMMISSIONER-CUM-CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY DHEMAJI P.O. DHEMAJI PIN- 787057 DIST.- DHEMAJI ASSA Advocate for the Petitioner : MR. P HAZARIKA, MR. H S BORAH Advocate for the Respondent : MS. S CHUTIA (SC, WATER RESOURCE DEPT., R-1,3,4,5), MS. D D BARMAN (ADDL. SR. GOVT. ADV., R-6),MR. P S DEKA (SC, REVENUE AND DISASTER MANAGEMENT DEPT., R-2),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 17.03.2025 1. Heard Mr. P. Hazarika, learned counsel for the petitioner. Also heard Ms. D. Jain, learned Standing Counsel, Water Resources Department representing the respondent Nos. 1, 3, 4 and 5, Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department, Assam representing the respondent Nos.2 and Mr. S. Baruah, learned State counsel representing the respondent No. 6. 2. The present writ petition is filed claiming an amount of Rs. 25,75,803/- for execution of contract work under the SDRF Scheme namely, “Immediate measures for closing of breach and restoration of flood damaged to the M/E Page No.# 3/5 along L/B of river Kumatiya (Ch.5750 m to 10600 m) for 2016-17, under Dhemaji Water Resources Division. 3. It is the stand of the Revenue Department that as the work was an extra work, ex-post facto approval will be required for payment of such money and ex-post factor approval needs approval at different administrative level including from the State Executive Committee under the Disaster Management Act, 2005. 4. The Joint Secretary to the Government of Assam, Revenue and Disaster Management Department on behalf of the respondent No. 2, by filing an affidavit has taken a stand that an amount of Rs. 9,00,52,948/- was released in financial year 2020-21 against the main estimate of the work. However, as reported by District Commissioner, Dhemaji, the amount claimed by the petitioner as stated in the writ petition was not part of the main estimate. The amount claimed was against additional work done under sub-estimate, which was executed. Regarding the release of fund against the works done as per working estimate without prior approval of the Revenue and Disaster Management Department, Government of Assam, the fund against the additional work could not be released as the formal proposal with proper justification was not furnished with approval of State Executive Committee (SEC). 5. The Additional District Commissioner, Dhemaji, on behalf of the District Commissioner, Dhemaji by filing an affidavit has also taken a stand that the work order was issued by the Water Resources Department to the writ petition and after successful completion of the work, necessary completion certificate was also issued by the District Commissioner as he was authorized to monitor the execution of the work strictly as per the plan and estimate. 6. The Assistant Chief Engineer, Water Resources Department on behalf of the Chief Engineer, Water Resources Department, by filing an affidavit has also taken Page No.# 4/5 a stand that the Additional Deputy Commissioner, Dhemaji inspected the work executed. It was also their stand that the amount claimed by the petitioner was not part of the main estimate and it was against additional work done. It was also reflected in the paragraph 9 of the said affidavit that the petitioner was issued work order to execute the work on emergency basis and the expenditures were meet up from the overall saving of the original scheme, which were incorporated in sub-estimate of the scheme and necessary completion certificate was issued by the Deputy Commissioner, Dhemaji. 7. Thus, from the affidavit, it is an admitted position that the work allotted to the petitioner was completed successfully. 8. In the totality of the matter and the stand taken by the respondents goes to show that the scope of the work was beyond the original scheme, however, work order was issued in favour of the petitioner on emergency basis. It is also their stand that the work was overall monitored by the District Disaster Management Authority. At the same time, the District Disaster Management Authority has filed an affidavit as recorded hereinabove, to the effect that the work was duly completed. 9. In the aforesaid backdrop and from the stand of the respondents, what is required to be done at this stage that as there was no prior sanction, a fresh proposal is to be given by the District Disaster Management Authority and same be now placed before the State Executive Committee under the Disaster Management Authority. 10. In view of the aforesaid, instead of keeping this writ petition pending, the writ petition stands disposed of, directing the Deputy Commissioner cum District Disaster Management Authority, Dhemaji to do the needful for furnishing a proposal as required by the Revenue and Disaster Management Department to Page No.# 5/5 place the same before the State Executive Committee, if not already submitted. 11. At this stage, the learned counsel for the respondents submitted that the District Commissioner, Dhemaji, has already submitted a proposal before the department i.e. Revenue and Disaster Management Department, however, certain documents were further asked to be produced by the Revenue and Disaster Management Department to the District Commissioner by its communication dated 27.12.2024. 12. In view of the aforesaid, the Deputy Commissioner shall submit the necessary documents including the proposal as required within a period of two weeks from the date of certified copy of this order. Thereafter, the Revenue and Disaster Management Department including the State Executive Committee shall complete their exercise within a period of two months from the date of receipt such proposal. In the event, it is found that the petitioner is entitled for the amount claimed, the same be paid within four weeks thereafter. 13. The communication dated 27.12.2024 and 08.01.2025 under No. eCF No. 327350/891 and No. E-327350/892 issued by the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department are kept on record. 14. This writ petition stands disposed off. JUDGE Comparing Assistant