A.M. Bujor Barua, J.

1. Heard Mr. D. Saikia, learned Senior Additional Advocate General, Assam appearing on behalf of the appellants. Also heard Mr. N. Dutta, learned senior counsel appearing on behalf of the respondents/writ petitioners in Writ Appeal No.312/2014, Writ Appeal SL No.240147 [I.A(Civil) No.1512/2017], Writ Appeal SL No.239658 [I.A.(Civil) No.1514/2017] and Writ Appeal SL No.240144 [I.A.(Civil) No.1515/2017] and Mr. R. Dubey, learned counsel for the respondent Airport Authority of India appearing in Writ Appeal No.312/2014. None had appeared for the respondents/writ petitioners in Writ Appeal SL No.240298 [I.A.(Civil) No.1511/2017].

2. In all the writ appeals, a common question for determination before this Court is as to whether the respective contractors, for filling up the land sites for the Airport Authority of India, National Highway Authority of India as well as the Northeast Frontier Railways are required to pay royalty in respect of the earth extracted by them from private Patta lands of the different land owners and used for the purpose of filling up the land. As the common determination would meet the requirement of all the writ appeals, it is deemed appropriate that the facts pertaining to one of the writ appeal be taken into consideration. Accordingly, this adjudication is made on the basis of the facts involved in Writ Appeal No.312/2014.

3. The respondent No.1 contractor was issued a work order dated 04.08.2008 by the respondent No.3 Airport Authority of India (AAI) for filling up of the low lying areas and development of internal drainage system in the newly acquired land for the extension of the runway at the LGBI, Airport, Guwahati. As per the said work order, the respondent No.1 was required to enter a contract agreement with the respondent No.3. Accordingly, the respondent No.1 entered the agreement dated 14.08.2008. Thereafter, the respondent No.1 had entered a deed of agreement dated 18.11.2008 with one Bhothoram Boro, wherein it was provided that the said Bhothoram Boro is the absolute owner of the plot of land mentioned in the schedule to the agreement and that he agrees to hand over the land to the respondent No.1 for cutting and extracting earth from the said land. The agreement also provided that the said Bhothoram Boro will pay upto Rs.40,000/- for the required permission for earth cutting and the respondent No.1, shall pay any further amount that may be required to be paid beyond Rs.40,000/-. One Pradip Boro being the son of Bhothoram Boro had also sworn an affidavit stating that his father Bhothoram Boro wants to handover the plot of land measuring 7 bigha 1 katha 10 lechas of Dag No.599 of Patta No.71 of village Moirapur in the Kamrup district to the respondent No.1 for earth cutting for the purpose of filling of the low lying areas and development of internal drainage system of the newly acquired land for extension of the runway in the LGBI Airport and that the said Pradip Boro also has another plot of land measuring 7bigha 3 katha 1 lecha of Dag No.602 of Patta No.38 and he also intends to hand over his plot of land to the respondent No.1 for earth cutting.

4. The Divisional Forest Officer, Kamrup East Division had forwarded a joint verification report of the Forest and Revenue Officials for ascertaining the feasibility of the land for extraction of the minor forest produce and requested the District Magistrate Kamrup to consider the issuance of necessary permission for extractions of earth from the land. Accordingly the Additional District Magistrate Kamrup, Guwahati by order dated 19.03.2009, had granted the permission for earth cutting from the 7 bighas 3 kathas and 1 lecha land of Dag No.602 of Patta No.38 of village Moirapur.

5. In the meantime, by a letter dated 14.02.2009, the Range Officer of Rani Range, had informed the Senior Manager of the respondent No.3, AAI that the respondent No.1, who is engaging in earth filling work at the LGBI Airport, had obtained t