TEJEINDER SINGH Vs. UT OF J&K

JUDGEMENT

(1.) The grievance raised by the petitioner is with regard to the release of payment of Rs.36.70 lacs for the work executed by him relating to the temporary diversion of Kunjwani-Bishnah road and temporary restoration of link road from Ashram at Bandurakh to village Dharp under the State Disaster Relief Fund (SDRF). In support of his case, the petitioner has placed on record various communications including the communication dtd. 27/10/2020.

(2.) Response stands filed by the respondents, in which besides raising the plea with regard to the limitation, the plea of alternate remedy of filing the suit, has also been raised. It is also stated that the work has been executed without tender and without administrative approval. Simultaneously, in the response, it has been stated that as per AEE concerned, the work has been executed by the contractor under the SDRF being of emergent nature and no allotment has been made in favour of the said contractor. It is also stated that the liabilities of the various works executed under the SDRF in the year 2014 have been submitted to the higher authorities vide communications dtd. 1/10/2014 and 20/12/2017 for demand of funds and payments.

(3.) Mr. M.K. Bhardwaj, learned senior counsel for the petitioner vehemently argued that there is admission on the part of the respondents in view of the communication dtd. 10/3/2017 with regard to the claim of the petitioner and the respondents now cannot raise the issue of limitation. He further submitted that once there is admission by the respondents with regard to execution of work by the petitioner and liability thereof, the amount payable to the petitioner cannot be denied.