Mayanglangbam Koireng Singh vs State Of Manipur

[1] Heard Shri M. Devananda, learned Advocate appearing for the petitioner; Shri H. Kenajit, learned Advocate appearing for the MDS; Shri Niranjan Sanasam, learned Government Advocate appearing for the State respondents and Shri S. Samarjt, learned CGC appearing for the Union of India.

[2] By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents for payment of undisputed bill amounting to Rs. 2,28,07,012/- (Rupees two crore twenty eight lakh seven thousand and twelve) only with an interest of 18% per annum from the date of completion of the work.

[3.1] According to the petitioner, in the year 2013, the Under Secretary to the Government of India wrote a letter dated 30-08-2013 to the Principal Accounts Officer, Ministry of Civil Aviation and Tourism, Government of India conveying sanction for an amount of Rs. 478.15 lakh (Rupees four hundred seventy eight lakh and fifteen thousand) for a project called "the Integrated Tourist Destination at Kakching Garden, Thoubal District, Manipur". The said work was to be executed by the State of Manipur through the Manipur Development Society, a registered society.

[3.2] A NIT was issued inviting bids from amongst the eligible bidders and after the process of tender being completed, the petitioner was awarded the contract vide work order dated 25-09-2020. The petitioner executed the work in the year, 2014 because of which the Deputy Secretary (Tourism), Government of Manipur wrote a letter dated 23-06-2014 to the Director (ENE Division), Ministry of Tourism, Government of Manipur submitting utilization certificates in respect of seven projects for further release of installments including that of the above work. Accordingly, the Ministry of Tourism, Government of India released an amount of Rs.30 crore for clearing all the liabilities in respect of the said seven projects. After the work having been executed by the petitioner, the Executive Engineer, Manipur Development Society issued a liability settlement for an amount of Rs. 2,28,07,012/- (Rupees two crore twenty eight lakh seven thousand and twelve).

[3.3] There appears to be no any dispute as to the completion of the work by the petitioner and the work was executed by him to the satisfaction of the authorities. But the respondents have not taken any action for releasing the amount due to the petitioner. Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioner for releasing the said undisputed amount.

[4] In the affidavit filed on behalf of the respondent Nos. 2 & 3, it has been stated that the project was a 100% centrally funded one and out of the total sanctioned amount of Rs.478.15 lakh, only an amount of Rs.95.63 lakh was released to initiate its implementation and was deposited with the work agency, Manipur Development Society. No further amount was released by the Central Government towards clearing the liabilities of the seven projects. The release of Rs.30 crore as stated in the petition has been denied. It has further been stated that the respondent No.2 & 3 are routinely informed by the work agency on the progress of the work.

[5] The additional affidavits have been filed by the petitioner stating that in the year, 2019, the Government of India, Ministry of DONER, NEC, Shillong accorded administrative approval for the project under PIDDC for an amount of Rs.382.52 lakh, for which a sanction of the President of India was conveyed vide letter dated 06-11-2029 towards creation of capital assets to the Tourism Corporation of Manipur Ltd.. Consequently, the Chief Engineer, Manipur Development Society wrote a letter dated 03-09-2020 to the Director (Tourism) for the release of the said amount which, in turn, made a request to the Commissioner (Tourism), Government of Manipur vide a letter dated 10-09-2020 for grant administrative approval for the same. Thereafter, the Manipur Development Society approached the CBI vide letter dated 05-01-2021 for grant of clearance to undertake works embroiled in the case and for payment of bills to the contractor. As regards the payment of bills to the contractor, the CBI in its letter dated 05-01-2021 has stated that as far as the receiving of payment from the various line departments by the MDS is concerned, the matter does not fall in the purview of the CBI and that the concerned line Department & MDS may resolve it in accordance with their rules & procedure.

[6] The Manipur Development Society, in its affidavit filed on 11-03-2021, has stated that it has no comment so far as the averments made in the additional affidavits of the petitioner are concerned and that its office had written to the Director (Tourism) vide its letters dated 03-09-2029 and 15-01-2021 requesting him to release the amount of Rs.382.52 lakh for early clearance of bills to the concerned contractor in respect of the Integrated Tourist Destination at Kakching Garden. But it has not yet received the said amount.

[7] From the pleadings as aforesaid, it appears that there is no much controversy amongst the parties as regards the work executed by the petitioner and his bills are yet to be paid fully. So far as the Tourism Department, Government of Manipur is concerned, apart from the release of Rs.95.63 lakh by the Central Government towards the initiation of the implementation of the project, it is its stand that no further amount was released by the Central Government. The allegation made by the petitioner that the Central Government had sanctioned a sum of Rs.30 crore, has been denied by it. Be that as it may, the submission of Shri M. Devananda, learned counsel appearing for the petitioner based on the averments made in the additional affidavits, is that since the Government of India, the Ministry of DONER, NEC, Shillong had released a sum of Rs. 382.52 lakh to the Tourism Corporation of Manipur Ltd, an appropriate order may be issued directing it to release the amount to the MDS. It has further been submitted by him that the CBI in its letter has also stated that the receipt of payments from the line departments by the MDS is concerned relating to work executed for them, the matter does not fall in the purview of the CBI. Since the Government of India, the Ministry of DONER, NEC, Shillong was not arrayed as party in the writ petition, it was directed to be impleaded as respondent No.5. But the controversy did not come to an end at that stage. Since the Tourism Corporation of Manipur Ltd. happens to be not a party in the petition, no direction could be issued to it by this Court for the release of the amount. But during the course of hearing, it has been submitted by the counsel appearing for the petitioner that any step being taken by the petitioner towards the impleadment of the Tourism Corporation of Manipur Ltd. might delay the disposal of the petition and that it would suffice, if the respondents and in particular, respondent No.5 are directed to release the amount to which the counsels appearing for the respondents do not raise any objection. On perusal of the said letters dated 06-11-2019 of the Ministry of DONER, NEC, Shillong, it is not clear as to whether the estimated costs of Rs.382.52 lakh was the balance amount sanctioned for the said project. The terms and conditions as mentioned therein would indicate that they appear to be followed while implementing the scheme, although it is the case of the petitioner that the project work had been executed by him as back as in the year, 2014. But one thing is clear from the said letters that when the PIDDC scheme was discontinued, it was left for the NEC to bear the liabilities. After having heard the learned counsels appearing for the parties and after having considered the materials on record, this Court is the view that when the counsel appearing for the respondents do not raise any object to the submission of the counsel appearing for the petitioner, this Court is left with no alternative but to dispose of the petition in terms of his submission and to issue directions accordingly.

[8] In view of the above, the instant writ stands disposed of with the following directions:

(a) The respondent No.5, the Government of India, the Ministry of DONER, NEC, Shillong is directed to inform the Tourism Corporation of Manipur Ltd., Imphal to release the amount of Rs. 382.52 lakh, at the earliest possible, to the Manipur Development Society towards the payment of the undisputed bills of the petitioner;

(b) In the event of the said amount being released by the Tourism Corporation of Manipur Ltd., Imphal, the respondent No.4, MDS shall verify carefully from the records and if it being satisfied that the payment of the bills of the petitioner as claimed by him is justified, the said amount shall be released to him;

(c) Before the said amount being released, the respondent No.4, MDS shall take a specific clearance from the CBI.