M/S Skm Ramdin Ultratech Pvt. Ltd. vs The State Of Madhya Pradesh
2021 Latest Caselaw 1115 MP

                                    1                               WP-7018-2021
        The High Court Of Madhya Pradesh
                   WP-7018-2021
  (M/S SKM RAMDIN ULTRATECH PVT. LTD. Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 26-03-2021
      Per:V.K.Shukla,J.

Shri Parag Tiwari, learned counsel for the Petitioner. Shri B.D.Singh,learned Government Advocate for the respondents/State.

The present petition has been filed under Article 226 of the

Constitution of India seeking a direction to the respondents to refund the royalty amount in term of work construction done by the petitioner.

The petitioner relies upon a Full Bench judgment in W.P.No.4547/2016 (M/s Phaloudi Constructions and Infrastructure Pvt. Ltd. vs. State of Madhya Pradesh) decided on 10.05.2016, to contend that ‘No Objection Certificate’ is not required in respect of payment of royalty for the minerals consumed by the petitioner.

The judgment in M/s. Phaloudi Constructions (supra) has since been overruled by the Larger Bench vide order dated 12.10.2017 passed in

W.P.No.7798/2017 (M/s Pankaj Kumar Rai vs. State of M.P. reported as 2018(1) MPLJ 402), wherein it has been held as under:-

“31. In view of the above, we find that the judgment in Phaloudi Construction (supra) is not correct enunciation of law and the same is thus, overruled. The contractors who are engaged in construction work are required to obtain ‘No Mining Dues’ certificate on production of the documents in terms of this order. Such ‘No Mining Dues’ certificate shall be issued expeditiously in a time frame of two months till such time alternative mechanism is developed for the issuance of online 'No Mining Dues' certificates.â€Â​

In view of the said fact, the writ petition is disposed of with liberty to the petitioner to apply for “No Mining Dues†certificate, the issuance of which shall be considered by the Managing Director, M.P.

Housing and Infrastructure Development Board Bhopal as per the conditions enumerated in M/s Pankaj Kumar Rai's case (supra) within 6 weeks from 2 WP-7018-2021 the date of communication of the order.

Certified copy as per rules.

      (MOHAMMAD RAFIQ)                    (VIJAY KUMAR SHUKLA)
       CHIEF JUSTICE                                 JUDGE


hsp
          Digitally signed by HAR
          SAHAY PATERIYA
          Date: 2021.04.01 10:30:26
          +05'30'