A.K. SINGLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by appellant-writ petitioner challenging order dtd. 10/7/2024, passed by learned Single Bench in CWP-29356-2017, limited to the extent of quantum of interest awarded on delayed payment and the period for which it has been granted.

(2.) Brief facts necessary for adjudication of the matter are that appellant-writ petitioner filed CWP-29356-2017 for release of amount of outstanding bills of Rs.83,37,138.00 alongwith interest @ 24% per annum on account of providing JCBs and Tractor-trolleys for demolition work and removal of Malba/Garbage. It was pleaded in the writ petition that appellant-writ petitioner's bid for the tender in question was accepted on 6/11/2003. Though, tender was for a short period, appellant continued to work for a number of years. In the year 2014, various welfare schemes were floated by State of Haryana with Swachh Bharat Mission being implemented as well. Immediate payments were not being made by respondents but nevertheless writ petitioner continued to work efficiently in good faith as he had been engaged since 2002. Vide communication dtd. 26/3/2015 from Executive Engineer, HUDA Division, Kamal to Estate Officer, HUDA Kamal, it was mentioned that in respect to bills submitted by petitioner, approval given on 14/3/2002 was only for removal of unauthorized encroachment whereas bills are for removal of Malba/Garbage which are covered under the chargeable head of conservancies. Bills were returned with a request to go through the matter again and release the payment under the requisite chargeable head. Admittedly, there was protracted communication between State Officer HUDA, Kamal and Executive Engineer, HUDA, Division Kamal in respect to original allotment letter dtd. 6/11/2003 and question of no approval being present from the competent authority in the subsequent years.

(3.) Ultimately CWP-29356-2024 was filed by writ petitioner seeking release of payment as despite his representation dtd. 20/6/2016, no steps were being taken. A short reply was filed on behalf of respondents no.2 to 5. During pendency of said writ petition, amount of Rs.69,32,450.00 was sanctioned on the basis of photocopies of bill and it was projected before learned Single Bench that balance amount would also be sanctioned for release after due verification.