Court mandates verification of construction completion and payment of outstanding balance within one month
The Gauhati High Court, presided over by Justice Devashis Baruah, delivered a significant judgment on August 17, 2026, directing the Bodoland Territorial Council (BTC) to verify and settle the outstanding dues of a contractor, Sudhang Kumar Brahma, within a stipulated timeframe. The case, filed as Writ Petition (C) No. 617 of 2025, centered around Brahma's grievance regarding the non-payment of the balance amount for the construction of an office building in Kokrajhar District.
According to the court documents, Brahma was awarded a work order on August 29, 2017, for the construction project under a One Time Special Grant for the year 2017-2018, with a bid amount of Rs. 10,62,31,000/-. Upon completion of the project, Brahma submitted bills totaling Rs. 8,02,86,449/-, of which only Rs. 4,82,68,911/- was paid, leaving an outstanding balance of Rs. 3,20,17,538/-. Despite obtaining a Completion Certificate and a Handing Over and Taking Over Certificate from the authorities, the payment remained unsettled, prompting Brahma to seek legal recourse under Article 226 of the Constitution of India.
During the hearing, Ms. B. Bora, counsel for the BTC, contended that the verification of the work's completion in accordance with the work order was necessary to ascertain Brahma's entitlement. Acknowledging the need for due diligence, the court directed the respondent authorities to verify the completion of the works and ascertain Brahma's entitlement to the outstanding amount.
The court instructed that the verification process be completed within one month from the service of a certified copy of the order to the BTC. If Brahma is found entitled, the payment is to be made in accordance with the precedent set by the Full Bench in the case of Tamsher Ali and Others Vs. State of Assam, reported in 2008 (4) GLT 1.
This judgment highlights the importance of adherence to contractual obligations and ensures that contractors receive their due payments upon the fulfillment of their duties. The decision underscores the judiciary's role in safeguarding the rights of individuals against administrative inaction.
Bottom Line :
Contractual obligation - Petitioner aggrieved by non-payment of balance amount upon completion of work for construction of office building pursuant to work order issued by Bodoland Territorial Council - Court directed verification of completion of work and payment of outstanding amount, if found entitled, within stipulated time.
Statutory provision(s): Article 226 of the Constitution of India
Sudhang Kumar Brahma v. Bodoland Territorial Council, (Gauhati) : Law Finder Doc id # 2965787
