Judgment
Item.23
16.09.2026 ssi
Ct. 3
WPA 10981 of 2026
H.S. Enterprise and another.
-vs-
The Bidhannagar Municipal Corporation & others.
Ms. Sanghamitra Nandy
…for the petitioners
Mr. Avinash Kankani
Mr. Anish Kumar Mukherjee
…for the BMC
1. Report filed by the Municipality in Court today is taken on record.
2. The present writ petition has been filed inter alia praying for a direction upon the respondents to disburse the remaining portion of the bills payable to the petitioners against work order Sl. No. 3 of N.I.T. No. 623/PWD/ROAD/BMC dated 22.08.2024 amounting RS. 23,17,395/- (including GST and LW Cess) along with Security Deposit and earnest money amounting Rs. 47,949/-. The petitioner no.
1 claims to be a government contractor. The petitioner no.2 is a sole proprietor of the petitioner no.1. According to the petitioners, the petitioners had participated in a notice inviting tender and having become successful, the petitioner no.1 was
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issued a work order for serial no.3 of N.I.T. No.
623/PWD/ROAD/BMC dated 22.08.2024 relating to the work of construction of drain including cover slab and construction of road from the house of Biswajit Naskar to the house of Swapan Kumar Das at Chapra within Ward No. 09 under Bidhannagar Municipal Corporation (under SSM Scheme).
According to the petitioner, the work has been duly executed by the petitioners and both the Executive Engineer as well as the Assistant Engineer of the Municipality have issued a joint certificate, confirming execution of work to the satisfaction of Bidhannagar Municipality within the extended period.
3. Ms. Nandy, learned advocate for the petitioners has drawn attention of this Court would to the aforesaid certificate appearing at page no.13 of the writ petition. She has also drawn attention of the Court to the final bill which has also been annexed to the petition and bears the signature of the Sub- Assistant Engineer, the Executive Engineer being the billing officer and that of the petitioner no.2.
4. When the matter came up for consideration, this Court by an order dated 22nd August, 2026 had directed the municipality to file a report. Pursuant to the above directions, the Municipality has filed a report which is taken on record.
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5. Mr. Kankani, learned advocate appearing for the Municipality while drawing attention of this Court to the above report would submit that the factum of execution of work awarded in favour of the petitioners is not in dispute. He would only submit that since the municipality at present is called upon to make payment to several contractors, this Court may permit disbursal of the outstanding dues payable to the petitioner in ten installments.
6. Having heard the learned advocates appearing for the respective parties and noting that the petitioners have already executed the work to the satisfaction of the Municipality, which has also been acknowledged by the municipal authorities and since the municipality has sought for installments for disbursal of the admitted amount, I am of the view that municipality may disburse the same in favour of the petitioners in ten equal monthly installment as prayed for. However, the first installment shall be paid to the petitioners on or before 30th September, 2026 and the outstanding balance nine installments shall be paid on or before the 10th day of each subsequent month until, the entire amount is disbursed.
7. In default, any two consecutive installments, the municipality shall be liable to pay interest at the rate of 18% per annum on the balance outstanding
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sum allocated from the date of this order till disbursal thereof.
8. With the above observations and directions, the writ petition is disposed of.
(Raja Basu Chowdhury, J.)