Rajesh Gupta
Jammu, July 29: H&UDD Jammu and Kashmir has accorded "Post Fact Sanction" of Rs 134. 00 Lakh to a work in July, 2026 for the work which was approved for Rs 247 Lakhs in the year 2015-16, otherwise revised Administrative Approval amounting to Rs 381 Lakhs ?
It is also to see, how works amounting to Rs. 134 Lakh have been executed on the Verbal directions , otherwise, why the revised estimate for the additions/alteration was framed at that time & sanctioned along with revised AA, are some questions,
It is also a question that if the funds were released as per old design/specifications, so how without revised estimate & revised technical sanction work was allowed to executed by the Engineers of the time?
The snippets of the case with Cross Town News can be reads as "Whereas, the construction of Community Hall at Gadood Bagh, Srinagar, was originally sanctioned by the District Development Commissioner, Srinagar under the Special Area Development Plan (SADP) during the year 2015-16, and the project was authorized to J&K Housing Board for execution at an original estimated DPR cost of Rs. 247.00 Lakh based on CPWD Plinth Area Rates of 2012 with 10% appreciation over base rate for double storyed RCC framed structure over RCC raft;
And whereas, owing to poor soil strata and low load-bearing capacity, the foundation of the project was changed from RCC raft to pile foundation, and some additional items were executed on the verbal orders of the then Divisional Commissioner, Kashmir, which necessitated a Revised DPR for an amount of Rs. 381.00 Lakh;
And whereas, the execution of the project was started in 2016 through piece workers as per the procedure then in vogue in J&K Housing Board, and the funds for the project were released by DDC, Srinagar as per the original DPR in piece meals from 2016 to 2019, but the work was executed as per the revised structural drawings and additional items were executed;
And whereas, after the year 2019, the funds in excess of original DPR were not released by the project authority, and to date, the Project Authority has released an amount of Rs. 249.00 Lakh, against which an expenditure of Rs. 237.23 Lakh has been made till date excluding Board/Agency charges, leaving an outstanding work-done liability of Rs. 134.00 Lakh;
And whereas, one of the Piece Workers, who has executed the work, has approached the Hon'ble Court for the release of the amount of Rs. 134.00 Lakh as work-done liability, and the Hon'ble Court in its interim directions dated 17.12.2024 has ordered to consider release of the payment, and the case is sub-judice;
And whereas, the work has been executed through piece workers, without formal tendering, which has been pointed out by the Committee constituted by the District Development Commissioner, Srinagar, vide letter No. ADDC/PS/25/96 dated 04.02.2025, and the payment of the liability requires, besides the provisioning of funds, accord of post-facto Administrative Approval, accord of post-facto Technical Sanction, and relaxation of tendering norms and approval;
And whereas, the Finance Department vide U.O. No. 7691719- FD-BDGT0D-19/7/2025-11-FD dated 28.10.2025 and Circular No. A/40(2017)-492 dated 26.04.2021 has advised to expedite the settlement of the issue, and mandated that post-facto Administrative Approval, post-facto Technical Sanction, and completion of prescribed formalities/checklist for relaxation of e-tendering norms are required before settlement of eligible liability;
And whereas, the Committees constituted by the District Development Commissioner, Srinagar vide Order No. DDCS/Dev/Committee/13185-91 dated 20-03-2024, and the Internal Committee for Verification, Measurement and Clarification of Executed works and Contractor Claims reconstituted vide JKHB Order No. 74 of 2026 dated 18.06.2026, have confirmed that the work has been executed on the ground and geo-tagged photographs have been available, though Accord of Administrative Approval and Technical Sanction are not available;
And whereas, the Board of Directors of J&K Housing Board in its 41st Meeting held on 15.02.2012 and 22.02.2012 had approved execution of work on two-fold mechanism involving labour (piece worker system) and material, and further in its 44th Meeting held on 15.02.2017 decided to continue with the existing methodology, and as such, the work has been executed as per the procedure then in vogue in J&K Housing Board;
And whereas, the SADP Scheme under which the project was originally sanctioned has since been closed, and the Department has referred the matter to Finance Department for advice in the matter, and the Finance Department has advised to expedite the settlement of the issue in terms of Circular dated 26.04.2021 within its budget;
And whereas, the Managing Director, J&K Housing Board, has requested the Government (H&UDD) for according post-facto Administrative Approval, post-facto Technical Sanction, and for taking up the matter with the Finance Department for release of balance funds under Capex for settlement of the admissible liability;
And whereas, it has been considered necessary and expedient accord post-facto Administrative Approval to the additional works to enable settlement of the outstanding work-done liability of Rs. 134.00 Lakhs;
As such, in exercise of the powers vested under S.O. 15 dated 09.01.2020, issued by the Finance Department, post-facto Administrative Approval is hereby accorded for the outstanding work- done liability of Rs. 134.00 Lakhs (Rupees One Crore Thirty Four Lakhs only) pertaining to additional works executed beyond the original DPR under the project, "Construction of Community Hall at Gadood Bagh, Srinagar," in favour of the Managing Director, J&K Housing Board.
The accord of post-facto Administrative Approval is subject to the following conditions:-
1. That the No Objection Certificate from the District Development Commissioner, Srinagar, shall be obtained by the J&K Housing Board, unless the same is already covered in the report of Divisional Commissioner and Deputy Commissioner in their previous reports.
2. That the AAA shall not be treated as an authorization to spend money which is not provided for in the budget and appropriate provision of funds for the purpose are made under Capex Budget 2026-27 or Revised Estimates-Capex Budget 2026-27.
3. That the final payment shall be released only on the basis of cost offer/ actual work done claim, whichever is less, after due verification/authentication by the competent authority and after the work is completed/handed-over to the department.
4. That the executing agency while preferring bill shall invariably ensure photographic evidence of all works i.e pre, during and post execution photographs along with latitude-longitude coordinates of the project location.
5. That the approval is confined to the additional works executed on the verbal directions of the then Divisional Commissioner, Kashmir, and shall not affect the Administrative Approval already accorded for the original project cost of Rs. 247.00 Lakhs.
6. That the post-facto Technical Sanction shall be obtained from the competent technical authority separately, as required under the rules.
7. That the liability shall be settled only for the work has been executed as per the revised drawings and specifications and that the assets exist and are in usable condition and handed over to the department.
8. That all codal formalities, including the completion of prescribed checklist and verification of measurements, shall be completed before any payment is made towards the outstanding liability
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