Binod Daimari vs. The State Of Assam And 4 Ors

Facts

The petitioner, Binod Daimari, was awarded work orders by the Chief Engineer, Irrigation, Assam, for the construction of a Gated Spillway on the B3M Canal. The initial work order was dated February 28, 2014, for approximately Rs. 1.90 crore. Subsequently, supplementary work orders were issued, including one on January 21, 2015, for approximately Rs. 5.69 crore, and another on November 20, 2017, for additional protection work. The petitioner completed the project and submitted a completion report indicating an outstanding amount of Rs. 476.08698 Lakhs. The Executive Engineer, Udalguri, subsequently demanded this fund. As the payment was not made, the petitioner filed a writ petition before the High Court.

Held

The Court considered the averments made in the affidavit filed by the Chief Engineer, Irrigation, Assam. The affidavit confirmed that the petitioner had completed the work and that the total estimated cost was revised. Crucially, the affidavit explicitly stated that the balance amount of Rs. 4,76,08,698.00 was not paid to the petitioner due to the non-availability of funds. Based on this admission by the respondent authority, the Court found that the amount claimed by the petitioner was admitted. The Court therefore directed the respondents to conduct a verification of the admitted amount and thereafter pay the same to the petitioner within a period of five months from the date of receipt of a certified copy of the Court's order. The ratio decidendi is that admitted liabilities, even if delayed due to financial constraints, must be paid within a reasonable timeframe stipulated by the Court.

Key Issues

1. Whether the petitioner is entitled to the payment of the outstanding amount of Rs. 4,76,08,698.00 for the completed work under the various work orders issued by the Irrigation Department, Assam. The petitioner argued that he has completed the contracted work as per the work orders and submitted a completion report, establishing his claim for the outstanding payment. The petitioner contended that the respondents, specifically the Irrigation Department, are liable to pay the admitted outstanding amount. The respondents, through the affidavit filed by the Chief Engineer, Irrigation, Assam, admitted that the petitioner completed the work and that the total estimate was revised to Rs. 16,96,38,080.00 due to updating rates for POL, labour wages, material cost, and GST. The affidavit further stated that an amount of Rs. 4,76,08,698.00 remained unpaid due to non-availability of funds.