M/S Gandotra Builders vs. The Punjab Urban Planning And Developers Authority And Ors
Facts
The petitioner, M/s Gandotra Builders, sought a direction from the High Court to the respondents, including the Punjab Urban Planning & Development Authority (PUDA), to release a balance payment of Rs. 55,40,079/-. This amount included security, bank guarantee, and a difference in GST, related to the construction of a Judicial Record Room in Jalandhar. The petitioner had served a legal notice dated 02.09.2024 regarding these outstanding dues, but no action had been taken by the respondents. The petitioner's counsel ultimately requested that respondent No.4, the Divisional Engineer (Works), PUDA Jalandhar Development Authority, be directed to consider and decide the legal notice by passing a speaking order within a time-bound manner.
Held
The Court, with the consent of both parties and without commenting on the merits of the case, disposed of the petition. Respondent No.4, the Divisional Engineer (Works), PUDA Jalandhar Development Authority, was directed to consider and decide the legal notice dated 02.09.2024. This decision was to be made by passing a reasoned and speaking order after affording an opportunity of hearing to the parties, within a period of three months from the receipt of the certified copy of the order. If, upon consideration, any amount was found due and payable to the petitioner, it was to be disbursed within a further period of three months. In case of non-payment within this extended period, the dues were to be released along with interest at 6% per annum and subject to an additional cost of Rs. 50,000/- to be deposited with the Poor Patient Welfare Fund, PGIMER, Chandigarh. This additional financial liability was to be recoverable from the erring official.
Key Issues
1. Whether the Court should direct respondent No.4 to consider and decide the legal notice dated 02.09.2024 served by the petitioner, by passing a reasoned and speaking order within a time-bound manner? The petitioner argued that they had served a legal notice regarding outstanding dues, including a difference in GST, but no action was taken by the respondents. They sought a direction for the concerned respondent to decide this notice. The respondents, through their counsel, accepted notice and sought time to file a response. However, they did not object to the petitioner's request for a direction to decide the legal notice. No specific arguments were recorded for the respondents regarding the merits of the petitioner's claim at this stage.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
126
CWP-27649-2024 (O&M) Date of decision: 16.10.2024
M/s Gandotra Builders
...Petitioner VERSUS The Punjab Urban Planning & Development Authority and others
...Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. R.K. Girdhar, Advocate for the petitioner.
*****
VINOD S. BHARDWAJ, J. (Oral)
Prayer in the present petition is for directing the respondents to release the balance payment of Rs.55,40,079/- including security, bank guarantee and difference of GST qua the work of construction of new Judicial Record Room in place of old Malkhana Building at DAC, Jalandhar (under OUVGL Scheme) executed by the petitioner, alongwith interest @ 12% per annum.
After arguing at some length, learned counsel for the petitioner submits that with regard to his grievance, the petitioner has served a legal notice dated 02.09.2024 (Annexure P-3) but the respondents have neither paid the outstanding dues to the petitioner nor have they taken any action upon the said legal notice.
No
The judgment continues below.
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