AKULI CHARAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this batch of writ applications common question of law, challenging the applicability of the Orissa Minor Minerals Concession Rules, 2004 to the contracts entered into by them prior to the promulgation of the said Rules has been raised by the petitioners for our consideration and therefore, the same are taken up together for disposal by this common judgment. The petitioners in all the writ applications are contractors who are carrying on different construction work for various departments/agencies etc. such as contract under the Prime Minister Gramya Sadak Yojana, NABARD Finance and for the Railways.

(2.) Under the P.M.G.S.Y. agreement Clause No. 13.3 and 13.4 being relevant are quoted hereinbelow :

(3.) For the sake of brevity we note here- under the salient facts of W.P. (C) No. 4246 of 2005. The main grievance of the petitioners is that they had entered into agreements with the respective Opp. Parties prior to 31- 8-2001, i.e. the date of notification of the Orissa Minor Minerals Concession Rules, 2004, whereby substantial enhancement in royalty has been effected. The petitioners' further grievance is that the tenders had been floated prior to execution of the agreements, rates had been quoted by the contractors/bidders, on the basis of the existing 'rates of royalty' and, therefore, the deduction of royalty from the bills of the petitioners at the enhanced rates in terms of 2004 Rules is challenged.