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HIGH COURT OF JAMMU AND KASHMIR
RAJNESH OSWAL, J
RATTAN SINGH PARMAR – Appellant
Versus
UNION TAERRITORY OF JAMMU AND KASHMIR TH PRINCIPAL SECRETARY PW R AND B DEPTT AND OTHERS – Respondent
JUDGMENT :
1. The petitioner was allotted work for construction of road from “Katali Galla to Una” in District Rajouri from 1st Km to 5th Kms. After completion of the said work, liability of the work done by the petitioner was calculated as Rs. 1,05,06,595/- till 31.12.2011 and the road was thereafter handed over to the PMGSY Division, Rajouri for further construction. It is contended that out of the total liability of Rs. 1,05,06,595/- an amount of Rs. 55,06,595 was paid to the petitioner and the balance amount could not be paid on account of the non- availability of funds, as conveyed vide communication dated 12.01.2012 by respondent No. 2 to respondent No. 1. In the same communication, request was also made for release of the balance amount of Rs. 50.00 lacs so that the work done claim of the contractor could be cleared.
2. The petitioner submitted a representation before the Hon'ble Prime Minister of India and Office of the Hon'ble Prime Minister, New Delhi vide communication dated 07.03.2014 forwarded the said representation of the petitioner dated 28.02.2014 to the Chief Secretary of the erstwhile State of J&K. Thereafter, respondent No. 2 vide communication dated 17.12.2015 re
Delay and laches cannot be invoked by the government to deny an admitted claim for payment, emphasizing the need for timely compensation to contractors.
Contractual payments must not be unduly delayed by the state without valid justification.
Point of Law : Respondents have made the petitioner to execute the work out of his own funds, it is their bounden duty to reimburse the petitioner at the earliest, that too with interest.
A contractor's entitlement to payment for executed works cannot be denied based on alleged lack of administrative approval when such works were accepted, confirming the principle of accountability in....
Government must fulfill contractual obligations and cannot use delay as a defense when their own inaction causes the delay; courts uphold citizens' claims against unfair government practices.
Contractors executing government work are entitled to payment based on the belief of proper authorization, and the State must act justly in fulfilling its contractual obligations.
Contractors are entitled to payment for work performed in good faith, regardless of the absence of formal Administrative approval for excess work.
The petitioner's right to receive payment was independent of PAC's consideration of the CAG report, and the State of Bihar's admission of liability to pay the claimed amount rendered objections based....
Writ petitions against State entities for payment of due amounts are maintainable even with disputed facts; contract completion obligates the State to release funds promptly.
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