Case Law Details
Simplex Infrastructures Ltd Vs State of Assam And 5 ors (Guwahati High Court)
Gauhati High Court in case of recovery of royalty stayed the recovery by stating that as an ad-interim measure no coercive action shall be initiated against the petitioner for recovery of amount till the next returnable date.
Facts- By a communication dated 31.12.2022, the Divisional Forest Officer, Sonitpur East Division (respondent no. 4) had informed the Deputy General Manager (P), NHIDCL PMU (respondent no.6), that a sum of 15,58,76,034/- was due and recoverable from Simplex Infrastructures ltd, the petitioner on account of royalty against (i) ordinary earth, (ii) stone aggregate, and (iii) sand, used in four laning Dolabari to Jamuguri from Km 17.30 of NH-37A to 182.00 of NH-52 and therefore, the said authority was requested to deposit the said due amount through an online portal.
By another communication dated 16.03.2023, the Divisional Forest Officer, Sonitpur East Division (respondent no. 4) had informed the Deputy General Manager (P), NHIDCL PMU (respondent no.6), that in respect of the herein before referred work, a sum of Rs. 40,04,04,926.60 was due and recoverable from the petitioner on account of (i) payment of royalty, (ii) price of materials, and (iii) fine, and therefore, as the contract between the petitioner and the NHIDCL was foreclosed, the said authority was requested to ensure that the said due amount is immediately paid to the State Government exchequer before making any final payment to the petitioner.
Conclusion- The Deputy Conservator of Forest, Bureau of Investigation (EO), Assam had re-assessed and re-calculated the pending dues, and in the exercise of power under Rule 63, 64(i), 64(ii), 65(i) and 65(ii) of the Assam Minor Mineral Concession Rules, 2013, determined the dues to the extent of Rs.3,00,24,540/.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
