ZELIEZHU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The instant writ petition has been filed being aggrieved by the inaction on the part of the respondent authorities in not making the payment of Rs.18,70,250.00 to which the petitioner claims to be entitled to on the basis of the works duly completed.

(2.) The record reveals that the petitioner herein was issued various work orders for constructions of the approach road connecting Government Higher Secondary School of Chumukedima, Package-I, Package-II, Package-III, Package-IV and Package-V totaling to an amount of Rs.18,70,250.00. The record further reveals that the work order issued on 10/4/2015. It has been specifically averred in the writ petition that the works were duly completed. However, the amount to which the petitioner was entitled to were not paid. Under such circumstances, the petitioner issued a legal notice on 25/3/2019 upon the respondent Nos.3 and 4 for payment of petitioner's entitled amount of Rs.18,70,250.00. To the said legal notice, the respondent authorities replied that due to non-availability of fund, the payment could not be made to the petitioner for the completed works till date as there was no budgetary allocation for the said works. In the reply so given by the respondent Nos.3 and 4 to the legal notice, a document was enclosed being a communication issued by the Additional Director and HOD, Directorate of Municipal Affairs, Nagaland to the Commissioner and Secretary, Department of Municipal Affairs. In the said communication, it was mentioned that the Ministry of Urban Development, Government of India had sanctioned the project "Integrated Development of Chumukedima Town Road" under the Scheme UIDSSMT (Transition phase of JNNURM) vide the Ministry's letter bearing No.K-14011/19/2013-UD- 1 amounting to Rs.1946.43 lakhs. On the basis of the same, the Department was directed to include the work "premix carpeting works from Government High School Chumukedima to the town Baptist Church" and the contractor had completed the work. However, as per the Ministry of Urban Development's Office Memorandum dtd. 4/8/2015, all projects approved under the UIDSSMT where fund could not be released as on 31/3/2014 stood dropped and would not be considered for funding. It was also mentioned that under such circumstances, the payment could not be released to the petitioner. The petitioner thereupon being aggrieved had approached this Court by filing the instant writ petition on 4/7/2019.

(3.) This Court vide an order dtd. 5/7/2019 had disposed of the instant writ petition thereby directing the respondents to pay the pending bill amount of the petitioner as claimed by him after verification of the work claimed to have been executed at the earliest but not beyond the period of 5 months from the date of the said order. It was also mentioned that the pending bills shall carry an interest at the rate of 9% per annum from the date of completion of the work.