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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Rana Construction And Engineers Pvt Ltd., Rep. By One Of Its Directors Rana Zaman, S/o. Alhaz Rahman Ali – Appellant
Versus
State of Assam, Rep. By The Commissioner And Secretary To The Govt. Of Assam, Public Works Deptt. – Respondent
| Table of Content |
|---|
| 1. challenge to communication regarding forest royalty (Para 1 , 2) |
| 2. contesting terms of the contract and deductions (Para 4 , 5) |
| 3. court's analysis of contract conditions (Para 6 , 7 , 8 , 9 , 10) |
| 4. dismissal of the petition with further provisions (Para 11 , 12) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
A communication dated 31.08.2022, issued by the Executive Engineer, PWD North Kamrup Territorial Roads Divisions, Rangia, whereby, the petitioner was requested to furnish relevant documents as proof of payment of forest royalty utilized for the work in question for taking necessary action for release of the forest royalty, is the subject matter of challenge in the present writ petition.
2. The facts as projected, in brief, are that a work was allotted to the petitioner and for the execution of the same, forest royalty of Rs.40,59,340.00 has been realized. By the impugned communication dated 31.08.2022, the petitioner was directed to furnish proof of such payment for release of the aforesaid amount. Instead of taking the opportunity to submit proof of payment of forest royalty, the petitioner has questioned the validity and legality of the said move of the Department.
3. I have
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 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....
Royalty is a contractual obligation distinct from taxes; amendments to regulations cannot retrospectively apply to existing contracts unless explicitly stated.
Raiyats have ownership rights over trees on their land, and cannot be charged royalty by the government for their felling.
The definitions of 'judgment' in appeal contexts include interim orders; provisions for revenue recovery under the Land Revenue and Forest Acts are constitutional and do not violate the right to equa....
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