N.C. DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) 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 and order dtd. 30/6/2022 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 dtd. 8/2/2021 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 submitted before clearing the next bill submitted towards the construction works awarded by the Northeast Frontier Railway to the contractor(s), viz. B.G. standard 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.