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KARDAK ETE, SANDEEP MEHTA
N. C. Das – Allied Infra (JV), a Joint Venture Firm, represented by one of its partners Shri Naba Das – Appellant
Versus
Union of India, represented by the General Manager (CON) – Respondent
JUDGMENT :
[Sandeep Mehta, J.]
Heard Mr. U.K. Goswami and Mr. R.K. Bothra, learned counsel for the appellants. Also heard Mr. K. Gogoi, learned standing counsel, N.F. Railway and Mr. D. Gogoi, learned standing counsel, Forest Department, representing the respective respondents.
2. These 3(three) intra-Court writ appeals involve identical, factual and legal issues and arise out of a common judgment & order dated 30.06.2022 rendered by the learned Single Bench in a bunch of writ petitions led by WP(C) No.9227/2019. Hence, all the appeals have been heard and would be decided together by this common judgment.
3. The core question, which this Court is required to adjudicate in this batch of writ appeals, is regarding the legality and validity of the notice dated 08.02.2021 issued by the Northeast Frontier Railway requiring the appellants to provide the Forest Royalty Clearance Certificate (FRCC) regarding 5(five) components of the work order in question, i.e. (i) earth work; (ii) total sand; (iii) quarry dust; (iv) stone chips, and (v) boulder. The letter mentions that the Forest Royalty Clearance Certificate of the quantities of material utilized by the contractor would have to be subm
The employer has the competence and jurisdiction to recover forest royalty from the bills of the contractors, and recovery cannot be made without giving an opportunity to the contractors to produce p....
Point of Law : It is well settled that to maintain certainty, stability and consistency in legal system, courts generally abide by things/issues already decided. Legal principles or rules that have b....
The main legal point established in the judgment is that the deduction of Forest Royalty from the bills of the Petitioner was unauthorized as there was no contractual provision mandating the procurem....
The specific terms of a contract regarding deductions take precedence over general judicial observations, and failure to comply with these terms permits such deductions.
Contractors are liable to pay royalties only upon extraction of minerals, not based on purchasing, and may not be compelled to produce certificates without proper liability.
The main legal point established in the judgment is the requirement for providing details/breakup of any deduction/adjustment made from the final bill, especially in cases involving royalty on earth ....
Point of Law : Principles of natural justice which is the “useless formality” theory is squarely applicable in as much as, on the admitted or indisputable facts the authorities could have come only t....
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