Sales Tax Bar Ass. vs Govt. of NCT of Delhi

The present Public Interest Litigation was filed by Sales Tax Bar Association seeking the relief that the Respondent should be commended to construct chambers for members of the Sales Tax Bar Association. Though a number of reliefs have been made to in the prayer clause, yet we are not inclined to refer to the same.

Be it noted, though this case has a chequered history, yet Ms. Zubeda Begum, learned Counsel for the State has filed an office note dated 28th December, 2010. We proceed to reproduce the same:

Reference proposal at page 69/N received from Trade & Taxes Department regarding C/o Annexe Building for Trade & Taxes department at an estimated of Rs. 62.43 Crores.

On examined the file/proposal it has been observed that Department has not submitted the relevant documents in original pertaining to above said proposal. Moreover, Department has also not submitted the relevant certificate from Chief Engineer, duly counter-signed by competent authority.

If agreed, we may refer the proposal back to the Administration Department with the request to resubmit the proposal with original documents viz proposal in part A & B, History Sheet, Abstract of cost, EFC memo and requisite Certificate of Chief Engineer duly counter-signed by the competent authority to facilitate further processing of the case. It is worthwhile to mention here that after completion of CWG Projects, PWD may be in a position to undertake the works related to Govt. Buildings. If this can be arranged it would save the cost of 5% of construction which is to be paid to other Agencies in terms of PMC/DC. Therefore, possibility may be explored in consultation with Pr. Secy. PWD/ENC.

However, if the said possibility of roping in PWD does not materialize, Deptt. Should enter into a contract with DSIIDC to take up the work on the following terms & conditions.

1) Work shall be awarded to the Construction Agency after completion of CODAL FORMALITIES as per the provisions of CPWD Manual, GF Rs and other relevant rules, instructions, guidelines etc.

2) Govt. of NCT of Delhi approves the estimates at DSR 2007 and Cost Index items @ 9%, DC/PMC including consultancies @ 5% (when project is assigned to any Agency other than PWD/I&FC) and contingencies and labour cess @ 1% each for Civil/Electric Works and an undertaking from the Agency that it is willing to work on these parameters of cost estimation.

3) Works shall be completed within the given time-frame and within the sanctioned cost and as per CPWD Manual.

4) The Administrative Deptt. and/or Construction Agency must not change the scope of work on their own. It shall be brought before the EFC for approval if there is any such change perceived subsequently.

5) Admn. Deptt./Construction Agency may identify the probable impediments in the execution of the projects well in advance and may project contingent measures/plan as identified to deal with them, so as to ensure the timely completion of the projects.

6) Work completion certificate and copy of the 3rd party Quality Control Certificate may be furnished to Admn. Deptt. & FD on completion of the work.

7) The Construction Agency will submit the final bill to Admn. Deptt. showing utilization of funds, completion of project and settlement of advance/deposit money on the completion of the Work/Project.

On a query being made, Ms. Zubeda Begum, learned Counsel for the State has fairly stated that the Government of National Capital Territory of Delhi has taken a policy decision to construct the chambers for members of the Sales Tax Bar Association but the agency has to be chosen regard being had to the cost effect.

In view of the aforesaid submission, we do not intend to keep the writ petition pending and direct that the State Government shall construct adequate chambers for members of the Sales Tax Bar Association by end of February, 2012 as per their policy decision. The allotment of the chambers shall be made in consultation with the High Court.

The writ petition is accordingly disposed of. There shall be no orders as to costs.