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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.
Admitted claims for executed restoration works under disaster funds attract recurring cause of action via departmental acknowledgments; delay and laches no bar; courts direct release with interest on....
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.
State and instrumentalities jointly liable for admitted dues on executed and accepted public works; cannot withhold payments citing no privity, paucity of funds or delays, violating Article 14; must ....
State cannot withhold admitted dues for executed and accepted public works citing paucity of funds or lack of privity among instrumentalities; violates Article 14, warrants interest on delay.
State and instrumentalities cannot withhold admitted dues for executed and accepted works on paucity of funds or privity pleas; violates Article 14; writ maintainable; interest payable for arbitrary ....
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