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16. This Court had also taken note of the judgment of the Division Bench in the case of N.C. Das - Allied Infra (JV) (supra) which was rendered in an appeal against the judgment passed by the Co-ordinate Bench of this Court in the case of M/S R.C.N. Construction Pvt. Ltd. (supra). In the said case, the challenge was made to the legality and validity of the notice dated 08.02.2021 issued by Northeast Frontier Railway requiring the Appellants therein to provide the Forest Royalty Clearance Certificate regarding 5 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 mentioned that the Forest Royalty Clearance Certificate of the quantities of the materials utilized by the Appellants would have to be submitted before clearing the next bill submitted towards the construction work awarded by the Northeast Frontier Railway to the Appellants viz. B.G. standing formation; minor bridges including retaining wall; side drains, catch water drains, ground improvement works and all other connected ancillary works in between km 44.13 (including Digaru Station yard) to km 98.00 in connection with Digaru-Hojai Double Line project of N.F. Railway. The Page No.# 14/17 said communication was put to challenge by the Appellants in the case of N.C. Das - Allied Infra (JV) (supra) in WP(C) No.9227/2019. The Division Bench took into consideration the submission made by the Appellants therein to the effect that as in Condition 13.2 of the contract, ordinary earth was not covered, the employer Railways was not at liberty to demand the Forest Royalty Clearance Certificate from the Appellants regarding the said mineral used in the construction works. The Division Bench rejected the said contention opining that Clause 13.2 is not exhaustive in its operation because it only referred to sand, stone and timber in a generic sense as covered under forest produces. It was observed that the governing phrase of the said clause is forest produces and the examples in the form of sand, stone, timber are given but thereafter, the word "etc." being used means that whichever forest produce/mineral is used in the construction works, the contractor would have to furnish documentary proof that the requisite Royalty on such produces have been paid to the concerned Department. It is under such circumstances, the Division Bench found no infirmity with the judgment rendered by the Co-ordinate Bench in the Case of M/S R.C.N. Constructions Pvt. Ltd. (supra).