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2019 Supreme(SC) 1112

L.NAGESWARA RAO, HEMANT GUPTA
Madhoor Buildwell Pvt. Ltd. – Appellant
Versus
Yeola Municipal Council – Respondent


Advocates Appeared:
For the Petitioner(s):Sudhanshu S. Choudhari, Advocates
For the Respondent(s):Vinay Navare, Gwen Karthika, Abha R. Sharma, Nishant Ramakantrao Katneshwarkar, Anoop Kandari, K.M. Natraj, Anmol Chandan, Somiran Sharma, Raj Bahadur, Anil Katiyar, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The order dated November 16, 2017 passed by the High Court of Judicature at Bombay is the subject matter of challenge in the present appeal. Vide the aforesaid order, the writ petition filed by the appellant to seek direction to Government of India and Government of Maharashtra to disburse the alleged approved funds under Urban Infrastructure Development Scheme for Small and Medium Towns, [for short, ‘Scheme’] was dismissed.

2. The respondent No. 1 – Yeola Municipal Council issued a public notice for providing underground sewer Scheme in Yeola city under the aforementioned centrally sponsored Scheme. The appellant is a contractor who was assigned the work of laying of sewer system after being successful in the tender process.

3. The grievance of the appellant is that it has completed almost 35% of the work of laying sewer pipelines but the Municipal Council is not making the payment for the reason that the Central Government has not released the funds.

4. The High Court found that under the Scheme, 80% of the funding comes from the Central Government, 10% from the State Government and remaining 10% from the concerned Municipal Council. The said Scheme was

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