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Contractor Brahma's Rs 3.20 Crore Dues: Orders BTC to Verify Work Completion
The has directed the authorities of the to verify whether a contractor completed the works in accordance with the work order and to ascertain the exact amount due, after which the outstanding sum of over Rs 3.20 crore must be paid within one month.
Justice Devashis Barua, presiding over a filed by Sudhang Kumar Brahma, observed that the would be met if the respondent authorities first conduct a of the petitioner's work completion before any payment is made.
The Unpaid Bill
The case arose from a work order issued on , to Brahma for the construction of the proposed office building for all CHC Office Complex at Kokrajhar District, under the One Time Special Grant for 2017–2018. The bid amount was Rs 10,62,31,000. Brahma claimed that he successfully completed the work and received both a Completion Certificate and a Handing Over and Taking Over Certificate from the authorities.
Upon completion, he submitted bills amounting to Rs 8,02,86,449. However, only Rs 4,82,68,911 was paid, leaving a balance of Rs 3,20,17,538. Despite a representation made on , to the Executive Engineer, , Kokrajhar, the amount remained unpaid, prompting Brahma to approach the High Court under .
The Court's Intervention
During the hearing, Brahma's counsel, , argued that the work was fully executed and certified, and that the authorities had no justification for withholding the balance. On the other hand, , the Standing Counsel for the BTC, submitted that the petitioner's entitlement was a subject matter of that needed to be carried out by the respondent authorities.
After hearing both sides, Justice Barua noted that the dispute boiled down to a factual question: whether the contractor had completed the works in accordance with the work order. The Court decided that instead of delving into contested facts in a , a direction for would serve the ends of justice.
What the Judgment Says
In its delivered on , the Court stated:
“this Court is of the opinion that the would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has completed the works in accordance with the work order and thereupon to ascertain the exact amount to which the Petitioner is entitled to, if any.”
The Court accordingly disposed of the , directing the Joint Secretary, (BTC), the Additional Chief Engineer-cum-Director, (BTC), and the Executive Engineer, , Kokrajhar to carry out the . The order specifies that the must be completed within one month from the date a of the order is served on the BTC. If the authorities find that Brahma is entitled to any amount, payment must be made in accordance with the of the in Tamsher Ali and Others Vs. State of Assam , reported in 2008 (4) GLT 1.
The decision underscores the principle that while a contractor who has performed the work is entitled to payment, the government authorities retain the right to verify the factual completion and quality of work before releasing funds. The judgment provides a clear procedural roadmap for resolving such disputes without requiring a full trial, thereby balancing the interests of both public bodies and private contractors.
