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Manipur High Court
M/S Rk Infracorp Pvt Ltd vs Union Of India & 4 Ors on 27 February, 2026
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
1-2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) 183 of 2026 with
MC (WP(C)) No.188 of 2026
M/s RK Infracorp Pvt Ltd ... Petitioner
-Versus-
Union of India & 4 Ors ... Respondents
BEFORE
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
27.2.2026
This matter is taken up on mention as supplementary -2
due to urgency involved in the matter.
Heard Mr.S.Biswajit, learned senior counsel assisted by
Mr.Sanatomba, learned counsel for the petitioner.
The petitioner is a contractor for NF Railway in connection
with the execution of certain work for construction of railway line from
Jiribam to Imphal.
Vide order dated 19.2.2025, Ministry of Environment,
Forest and Climate Change, Government of India gave approval in
favour of the NF Railway for non-forestry use of 5.5 ha of Forest land
for Mining of appropriate earth from designated forest land for
construction of Railway embankment at Imphal valley area for the
Jiribam Imphal. Vide letter dated 8.10.2025, the Addl Prinncipal Chief
Conservator of Forest Nodal Officer/FCA Government of Manipur sent
a letter to the Dy.CE/Con-4/Imphal, N.F.Railway, giving revised penal
NPV (net present value) for a sum of Rs.1,25,09,280/-. Since petitioner
has already paid NPV of Rs.25,01,856/- balance penal NPV to be
recovered was calculated at Rs.1,00,07,424/-. In letter dated
15.10.2025 submitted by the Dy. Chief Engineer/Con-4, NF Railway to
the Addl. Principal Chief Conservator of Forests, Manipur, assures that
NF Railway will realise the balanced penal net present value and the
same Dy.CE/Con-4, Imphal, NF Railway, made an undertaking that NF
Railway will bear the realization of balanced penal net present value of
Rs.1,00,07,424/- for forest clearance of 5.5 ha of forest land.
In the report of joint survey done on 13.12.2025, the Sub
Divisional Officer, Kangchup Geljang Kangpokpi, it was specific case of
railway that extraction of earth work from the area is not done by the
railway alone and unauthorised individuals and groups are carrying out
quarrying at the same site. Vide impugned letter dated 15.10.2025,
reminders dated 17.10.2025 and 22.10.2025 issued by the Dy. Chief
Engineer/ Con-4, N.F.Railway to the petitioner, it was directed to
deposit the additional penal net present value amount of
Rs.1,00,07,424.00.
By the present petition, the petitioner prays for quashing
letters dated 15.10.2025, 17.10.2025 and 22.10.2025 issued by the Dy.
Chief Engineer/Con Imphal-IV NF Railway, Imphal for payment of
additional balance and also direct the respondent to re-assess the total
area of excavation done by the petitioner.
Issue Notice.
Mr.S.Vijayanand Sharma, learned Sr.PCCG, accepts
notice on behalf of respondent Nos.1, 2 and 3 and Mr.A.Bheigya Meitei,
learned Jr.Govt counsel assisting Mr.H.Devendra, learned Addl. A.G,
Manipur accepts notice on behalf of respondent Nos.4 and 5. Hence,
service is complete on respondents.
Learned counsel for respondents pray for three weeks'
time for filing counter affidavit.
Mr.S.Biswajit, learned senior counsel for the petitioner
prays for an interim relief of stay of recovery of balance NPV of
1,00,07,424.00 from the petitioner during pendency of the writ petition,
as Dy. Chief Engineer, NF Railway, has submitted an undertaking to the
Forest Department for payment of balance NPV.
During course of hearing, Mr.S.Vijayanand Sharma,
learned Sr.PCCG produced a copy of letter issued by the Asstt Executive
Engineer/Con NF Railway, Imphal dated 27.2.2026 addressed to him,
stating that outstanding payment of Rs.1,25,09,280.00 as additional
penal NPV for stage-II forest clearance of 5.5 hac had already been
recovered on 26.2.2026 from the contractor's own account bill No.13
and submits that the prayer for stay of impugned notices for recovery
has become infructuous as on date.
On the other hand Mr.S.Biswajit, learned senior counsel
for the petitioner submits that outstanding amount is Rs.1,00,07,
424.00 and petitioner has already deposited Rs.25,01,856/- and
recovery of penal NPV is Rs.1,25,09,280 is not sustainable in the
present form. It is submitted that Railway have to produce detailed
proof of deduction.
In the circumstance, it is clarified that if the balance NPV
of Rs.1,00,07,424/- is not actually recovered from the petitioner the
recovery is stayed till next date. If it is already deducted, it should not
be without prejudice to the right of the petitioner to recover the same
in terms of the undertaking given by the Railway authorities.
Furnish a copy of this order to learned counsel for the
parties through WhatsApp or any other available means.
List on 25.3.2026.
JUDGE
Priyojit
RAJKUMA Digitally signed
R PRIYOJIT PRIYOJIT SINGH
Date: 2026.02.27
SINGH 17:55:25 +05'30'
