Gauhati High Court
Ratul Chandra Deka vs The State Of Assam And 5 Ors on 25 February, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010223342021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7231/2021
RATUL CHANDRA DEKA
S/O LATE SIBASANAKAR DEKA, R/O PANADAV NAGAR, BARIPARA, P.O.-
BARIPARA, P.S.-PANDU, DIST-KAMRUP(M), ASSAM, PIN-781012
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY
WELFARE DEPARTMENT GOVT. OF ASSAM, ASSAM SECRETARIAT,
DISPUR, GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY. HEALTH AND FAMILY WELFARE
DEPTT.
GOVT OF ASSAM
ASSAM SECRETARIAT
DISPUR
GUWAHATI-6
3:THE MISSION DIRECTOR
NATIONAL HEALTH MISSION
SAIKIA COMMERCIAL COMPLEX
CHRISTIAN BASTI
SRI NAGAR PATH
G.S. ROAD
GUWAHATI-05
ASSAM
4:THE ADDL. MISSION DIRECTOR
NATIONAL RURAL HEALTH MISSION
16-JANAPATH
KHANAPARA
GUWAHATI-22
5:THE DEPUTY COMMISSIONER
Page No.# 2/5
KAMRUP (M)
GUWAHATI-781001
ASSAM
6:THE GENERAL MANAGER
NORTH EAST FRONTIER RAILWAY
MALIGAON
GUWAHATI-11
KAMRUP(M
Advocate for the Petitioner : MR. I ALAM
Advocate for the Respondent : SC, HEALTH
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 25.02.2022 Heard Mr. I. Alam, learned counsel for the petitioner and Mr. D. Gogoi, learned Standing Counsel, Health and Family Welfare Department, Assam as well as National Health Mission (NHM) and National Rural Health Mission (NRHM) for the respondent Nos. 1 to 4. Also heard Ms. M. Barman, learned Government Advocate, Assam for the respondent No. 5 as well as Mr. R. Sarma, learned Standing Counsel, Railways for the respondent No. 6.
The respondent Additional Mission Director NRHM (National Rural Health Mission), Guwahati on 20.12.2010 issued Invitation for Bids (IFB) for the works under NRHM for the work of construction of Rural Health Block Pooling Complex that includes 3 units of Doctors Quarters, 3 units of Nurses Quarters and 3 units of Attendants Quarters, on Turn Key Basis on two bid system including at Boripara near Pandu First Referral Unit (FRU) in the district of Kamrup (Metro) where the value of work was of Rs. 1,30,70,000/- and bid security was of Rs. 2,61,400/-. As per said IFB the work was to be completed within a period of ten months from the date of issuance of work order. The petitioner submitted his bid for the said work near Pandu FRU.
Finding the rate quoted by him for the said work as responsive, the respondent Additional Mission Director NRHM, Guwahati on 01.03.2011 issued Letter of Acceptance (LOA) to the petitioner for the said work at Boripara near Pandu FRU in the district of Kamrup (Metro) directing Page No.# 3/5 him to deposit the performance security of Rs. 6,53,500/- for the said work within a specified period. On depositing the said performance security of Rs. 6,53,500/- and after executing the contract between the authority concerned of NRHM, Guwahati and the petitioner for the said work, the respondent Additional Mission Director NRHM, Guwahati on 20.05.2011 directed the petitioner to proceed with the said work. Accordingly, the petitioner started the work in the concerned site as allotted by the respondent NRHM.
It is stated that while petitioner proceeded with the construction work of the Rural Health Block Pooling Complex at Boripara near Pandu FRU in the district of Kamrup (Metro) at the given site, the respondent Railways raised objection claiming that the said land belongs to them, issued notice to him, alleging him that he grabbed the said Railway land of size of 30 mtrs x 40 mtrs. approximately, erected unauthorized structures over it and as such directed him to stop such illegal activity on railway land. Since he failed to produce the relevant land permission from the Railways, therefore, finding him to be an unauthorized occupant of Railway land, respondent Railways issued notice to the petitioner under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act directing him to vacate the said land within the given time. As such, the petitioner requested the Railway authorities not to demolish the already constructed part of the building of the Rural Health Block Pooling Complex at Boripara near Pandu FRU assuring them that he will stop the work until he gets the land permission from Railway authorities.
For all these, he approached the respondents in the NRHM as well as the Deputy Commissioner, Kamrup (Metro) etc. But the authorities concerned failed to provide him necessary land permission from the respondent Railways so as to proceed further with the said contract work.
In the meanwhile, the respondent Railways preferred a writ petition being WP(C) No. 5177/2014 wherein amongst others the petitioner is the respondent No. 7. The Court by order dated 26.09.2014 while issuing notice to the respondents in said WP(C) No. 5177/2014, in the interim, specifically provided that if the construction of the NRHM Office is on Railway land, the work should stop forthwith as per the assurance given by the contractor, the respondent No. 7 (i.e. the present petitioner) on 02.05.2012. Said order dated 26.09.2014 passed in WP(C) No. 5177/2014 is still in force.
Therefore, the petitioner could not carry out the said contract work as proposed by the respondent NRHM and his said performance security deposit of Rs.6,53,500/- which he deposited Page No.# 4/5 in the year 2011 for the said work is still lying with the respondent NRHM.
Hence this writ petition by the petitioner praying amongst others for a direction to the respondent NRHM for release of said performance security amount of Rs. 6,53,500/- that he deposited with the respondent NRHM for the said work and further to settle the final up-to-date bill to the extent he had done the construction work with regard to said incomplete work of construction of Rural Health Block Pooling Complex on Turn Key Basis at Boripara near Pandu FRU of the respondent NRHM.
During the deliberation of the matter Mr. B. Gogoi, learned Standing Counsel, NRHM has placed a communication of the petitioner dated 09.11.2020 submitted before the respondent NHM wherein he expressed his inability to proceed with the said construction work that was allotted to him in the year 2011 which he could not do because of the obstruction of the respondent Railways and stay order of the Court being in force passed in said WP(C) No. 5177/2014.
Mr. Alam, learned counsel for the petitioner on being enquired stated that petitioner submitted such representation before the NRHM as he could not proceed with the construction work due to such land dispute and also stated that because of the price escalation since 2011 till date, it is not possible for the petitioner to complete the said work in the rate quoted by him for the said work in terms of the said IFB dated 20.12.2010.
After hearing the parties and considering the above, this writ petition is disposed of at the motion stage itself, directing the respondents in the NRHM to consider the prayer of the petitioner for release of said performance security deposit of Rs. 6,53,500/- deposited by the petitioner for the said contract work of construction of Rural Health Block Pooling Complex on Turn Key Basis at Boripara near Pandu FRU in the district of Kamrup (M) under NRHM in terms of the said IFB dated 20.12.2010.
Further, the respondent NRHM shall also settle the final up-to-date bill towards construction of such part of the Rural Health Block Pooling Complex at Boripara near Pandu FRU in the district of Kamrup (M) under NRHM, if any, after proper measurement in presence of the petitioner and respondent NRHM, as per his due entitlement, following the relevant procedure and in accordance with law, if there is no other impediment in releasing the same to the petitioner.
Page No.# 5/5 It is now up to the respondent NRHM whether to carry out the said incomplete construction work of Rural Health Block Pooling Complex on Turn Key Basis at Boripara near Pandu FRU in the district of Kamrup (Metro) after taking necessary land permission/approval from the respondent Railways, or in alternative, to start with a fresh construction work of Rural Health Block Pooling Complex on Turn Key Basis in a different locality in the district of Kamrup (Metro), considering the greater interest of public as well as the involvement of public money, already spent for the said work.
With the above observation and direction, this writ petition stands disposed of.
JUDGE Comparing Assistant