Gauhati High Court
M/S Samim Akhter Choudhury vs The State Of Assam And 9 Ors on 16 October, 2023
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010233812023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6116/2023
M/S SAMIM AKHTER CHOUDHURY
A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT SIX MILE, PANJABARI
ROAD,
HOUSE NO. 29, GUWAHATI- 781022, DISTRICT- KAMRUP(M), ASSAM,
REPRESENTED BY ITS SOLE PROPRIETOR,
SRI SAMIM AKHTER CHOUDHURY, AGED ABOUT 53 YEARS,
SON OF LATE JALIL AHMED CHOUDHURY,
RESIDENT OF HOUSE NO. 29, SIX MILE,
PANJABARI ROAD, GUWAHATI- 781022,
DISTRICT- KAMRUP(M), ASSAM.
VERSUS
THE STATE OF ASSAM AND 9 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM,
FOREST AND ENVIRONMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE DIVISIONAL FOREST OFFICER
GOLAGHAT FOREST DIVISION
DISTRICT- GOLAGHAT
ASSAM
PIN- 785621.
3:THE DIVISIONAL FOREST OFFICER
KARBI ANGLONG EAST DIVISION
DIPHU
DISTRICT- KARBI ANGLONG
ASSAM
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PIN- 782460.
4:THE NUMALIGARH REFINERY LIMITED
A GOVERNMENT OF INDIA UNDERTAKING
HAVING ITS REGISTERED OFFICE AT 122 A
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI- 781005
REPRESENTED BY ITS MANAGING DIRECTOR.
5:THE CHAIRMAN
NUMALIGARH REFINERY LIMITED
122A
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781005.
6:THE MANAGING DIRECTOR
NUMALIGARH REFINERY LIMITED
122A
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI
KAMRUP(M)
ASSAM
PIN- 781005.
7:THE GENERAL MANAGER (COMMERCIAL)
NUMALIGARH REFINERY LIMITED
NRL COMPLEX
NUMALIGARH
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
8:THE GENERAL MANAGER (PROJECT)
NUMALIGARH REFINERY LIMITED
NRL COMPLEX
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NUMALIGARH
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
9:THE HEAD (PROJECT-COMMERCIAL)
NUMALIGARH REFINERY LIMITED
NRL COMPLEX
NUMALIGARH
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699.
10:THE RESIDENT CONSTRUCTION MANAGER
ENGINEERS INDIA LIMITED CUM ENGINEER IN-CHARGE
DCU REVAMP PROJECT
NRL
NUMALIGARH
DISTRICT- GOLAGHAT
ASSAM
PIN- 785699
Advocate for the Petitioner : MR. R SARMA
Advocate for the Respondent : SC, FOREST
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
16.10.2023 Heard Mr. R. Sarma, learned counsel for the petitioner and Ms. M. Kalita, learned counsel representing Mr. P.N. Goswami, learned Standing Counsel Environment and Forest Department for the respondent nos. 1 - 3.
2. It has been projected that after emerging successful in tender process initiated vide Tender Page No.# 4/5 Notice bearing Tender no. AS/B440-003-CU-TN-8101/1004 dated 02.11.2022, the petitioner was issued a Letter of Acceptance [LoA] dated 02.04.2023 [Annexure-1] for a contract-work viz. 'Pilling and RCC Works for Delayed Coker Unit [DCU] Revamp Project of Numaligarh Refinery Limited' ['the Contract-Work', for short] at a total value of Rs. 8,54,15,930/- inclusive of GST & BOCW cess. The LoA was followed by a Work Order no. 4300075516 dated 25.04.2023. After compliance of requisite formalities, a Contract Agreement no. K 500811 dated 05.05.2023 had been executed between the petitioner on one part and the respondent NRL on the other part.
2.1. It is the case of the petitioner that after issuance of the LoA, it proceeded to execute the Contract-Work and completed the Contract-Work to the extent of about 40% till date. In the process of executing the Contract-Work, the petitioner had been using Ready Mix Concrete [RMC] of two entities, [i] M/s NUVOCO Vista Corporation Limited, and [ii] M/s PECO Projects & Infrastructure Private Limited, who are authorized suppliers of Ready Mix Concrete [RMC] Plant approved by the respondent NRL. The petitioner has, thus, projected that the petitioner is not using any forest produces directly in executing the Contract-Work and the suppliers, M/s NUVOCO Vista Corporation Limited and M/s PECO Projects & Infrastructure Private Limited who, in the event of use of any forest produces, have been obtaining the necessary Forest Clearance Certificates from the competent authorities in the Environment and Forest Department, Assam. It is, thus, projected that the petitioner is not liable to deposit any forest royalties in connection with the Contract-Work as it is not using/procuring any forest produces directly. It is, thus, contended that any deduction from the running bills of the petitioner by the employer i.e. NRL would amount to payment of forest royalties on the same forest produce twice. With such projections, the petitioner has challenged deduction of two amounts - Rs. 2,05,753/- & Rs. 2,85,160/- - as forest royalties from the running bills of the petitioner by the employer i.e. NRL.
3. Issue notice, returnable in 4 [four] weeks.
4. As Ms. Kalita, learned counsel has appeared and accepted notices on behalf of the respondent nos. 1 - 3, no formal notice need to be issued to the said respondents. Mr. Sarma, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Ms. Kalita within 3 [three] working days from today.
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5. The petitioner shall take steps for service of notice upon the respondent nos. 4, 5, 6, 7, 8, 9 & 10 by registered post with A/D within 3 [three] working days from today.
6. In support of its contention, Mr. Sarma, learned counsel for the petitioner has referred to an Office Memorandum bearing no. BB.56/2000/1 dated 17.06.2000 of the Finance [Budget] Department, Government of Assam. The Office Memorandum dated 17.06.2000 has provided for method and procedure for calculation/payment of forest royalties in respect of execution of any construction contract. Having regard to the projection so made on behalf of the petitioner, it is provided that till the returnable date, the respondent authorities in the NRL while processing any future running bills of the petitioner, shall process the same in strict adherence to the method and procedure laid down in the Office Memorandum dated 17.06.2023.
JUDGE Comparing Assistant