SRM CONTRACTORS PVT. LTD. Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-8-43
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 21,2020

Srm Contractors Pvt. Ltd. Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

Rajesh Bindal - (1.)This order will dispose of four petitions bearing WP(C) Nos. 983 to 986/2020.
(2.)The petitioner in all the petitions has prayed for a direction to the respondents to release balance payment on account of the work executed by him.
(3.)Learned counsel for the petitioner submitted that the work was allotted to him after inviting tenders. The same was executed to the satisfaction of the authorities. Part payment was made. However, balance payment after completion of work has not been made. He further submitted that when initially affidavit was filed by the Department, the stand taken was that on account of shortage of funds, the payment could not be released. However, subsequently stand sought to be taken is that the work executed by the petitioner was not sanctioned. The aforesaid plea has been taken only to defeat the rightful claim of the petitioner. If there was any defect in the procedure to be adopted by the authority, the petitioner cannot be made to suffer. It is for the Department to resolve those issues. At that stage, no one had raised any objection that the work being executed by the petitioner was not approved. In this period of COVID-19, huge payment of the petitioner having been blocked, he is not able to pay salaries to his staff. He further referred to the documents annexed by the respondents with the supplementary affidavit, which shows that funds were released on account of the work executed by the petitioner. When part payment was earlier released, how can the respondents be permitted to take a plea that the work was not authorized. The NIT was issued in the name of the Governor. All the communications were being endorsed to the Secretary of the Department concerned. Hence, it cannot be denied that high-ups in the Department were not having knowledge about the project being executed on allotment of the same to the petitioner. Their silence means deemed permission. The stand sought to be taken now is totally inequitable once the work has been executed. It was even inaugurated by the then Minister.
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