MODI PROJECTS LIMITED Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the petitioners and Railways as well as State.

(2.) All these writ petitions raise common point of law on the question of deduction on account of royalty under the head "Ordinary Earth used for filling or levelling purposes in construction of embankment, roads, railways, building, etc." from the running account bills of the petitioners under the Agreement entered into with the Respondent Railways for undertaking certain works. Agreements in most of the cases are after issuance of the Notification dated 27.12010, but in some of the cases, it is prior to 2010. Petitioners contend that no royalty is payable in absence of a specific notification under section 15 of Mines and Minerals (Development and Regulation) Act, 1957.

(3.) Today, the matter has been posted on I.A. No. 341/2017 and similar such I.A. Nos. 185/2017, 342/2017, 345/2017, 335/2017, 337/2017, 343/2017, 334/2017, 338/2017, 344/2017, 340/2017, 350/2017 and 172/2017 in other writ petitions, Petitioners have made a prayer for disposal of the writ petitions in the light of the judgment rendered by the learned Division Bench in LPA No. 705 of 2015 (State of Jharkhand & others Vs. M/s. MRKR Pallavi Upkar JV & others and other analogous cases) dated 28.06.2016 and judgment rendered by this Court in WPC No. 5408 of 2014 (M/s. Classic Coal Construction Pvt. Ltd. Ranchi Vs. The Eastern Central Railways and Ors.) dated 010.2016 following the same, enclosed to the instant Interlocutory Application.