HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16830 of 2009 (O&M) Date of Decision: 10.08.2011 **** M/s. Ropar Construction . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Anupam Singla, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner-Company is a Railway contractor who is alleged to have extracted the miner minerals from the private owners. The Mining Authority has served the petitioner with the impugned demand notice dated 28.01.2008 (Annexure P5) asking it to pay royalty of Rs.3,18,750/- besides the price value of miner mineral amounting to Rs.6,37,500/-. (2). The petitioner questions the impugned demand on the plea that only ‘royalty’ has been taken from the similarly-placed persons who too had extracted minerals, whereas the petitioner is being subjected to the price value of the miner minerals also. CWP No.16830 of 2009.doc - 2 – (3). Having heard learned counsel for the petitioner and after going through various affidavits filed by it, I am of the considered view that per se no fault can be found with the impugned demand notice (Annexure P5). Suffice it to say that if the petitioner has any material to get itself absolved from the liability in toto or in part, the appropriate recourse for it would be to represent to the competent authority in response to the demand notice, which shall be considered and disposed of by the Mining Authority in accordance with law. It is directed that the petitioner’s representation, if any, shall be entertained only if it pays the ‘royalty’ amount of Rs.3,18,750/- along with such representation. (4). Appropriate order shall be passed within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 10.08.2011 vishal shonkar (S u r y a K a n t) Judge 2