Achintya Malla Bujor Barua, J.

Heard Mr. K.N. Choudhury, learned counsel for the petitioner in WP(C) No.862/2017, WP(C) No.930/2017, WP(C) No.931/2017, WP(C) No.933/2017 and WP(C) No.934/2017 as well as Mr. K.D. Chetry, learned counsel appearing for the petitioner in WP(C) No.1234/2017. Also heard Mr. T.C. Chutia, learned Senior Addl. Govt. Advocate appearing for the State of Assam.

2. All the writ petitions involve a common question of facts and law as to whether the PWD while releasing the payment of bills of the contractors who works under the department are entitled to deduct the component of forest royalty, that may be payable to the Forest Department. The expression forest royalty is understood to mean the royalty that is required to be paid in respect of any mineral removed or consumed from a mining leased area. Such minor minerals also include stone and sand that are required for the construction works undertaken by the respondent PWD.

3. Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 provides that the holder of a mining lease granted before the commencement of the Act shall, notwithstanding anything contained in the instrument of lease or