Bombay High Court

Bombay High Court: Konkan Railway Not Liable for Earth Royalty Fees

Updated
Nov 22, 2025 12:38 PM
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Summary: The Bombay High Court decided that Konkan Railway does not have to pay the fees for using earth in a construction project. This ruling came after a decision by a panel of arbitrators, which initially put the responsibility on Konkan Railway, was challenged and overturned.

The Dispute Over Royalty Charges

The case is about a project by the National Thermal Power Corporation (NTPC) in Madhya Pradesh. Konkan Railway, acting as the overseer of the project, gave a contract to SRC Company Infra Pvt. Ltd. to build a system for moving coal. The problem started when the local government office in Madhya Pradesh asked SRC Company Infra Pvt. Ltd. to pay fees for using earth in the project.

Arbitration and Its Outcome

SRC Company Infra Pvt. Ltd. thought they should not have to pay these fees and sought the help of an arbitration panel. The panel initially decided that Konkan Railway should pay the fees. However, Konkan Railway took this decision to court.

Court's Decision: Setting the Record Straight

  • Judge's Ruling: Judge R.I. Chagla of the Bombay High Court ruled that the arbitration panel made a mistake. The court found that the contract clearly stated SRC Company Infra Pvt. Ltd. was responsible for paying the fees.

  • Contract Clarity: The court emphasized that the contract terms were clear and straightforward, making SRC Company Infra Pvt. Ltd. responsible for the fees.

  • Internal Documents: The court dismissed the panel’s use of internal documents and meeting notes, saying these did not change the clear terms of the contract.

Why It Matters

This decision highlights the importance of sticking to what is written in contracts. It also shows that internal company communications do not change contract obligations unless they are officially added to the contract.

Lessons Learned

  1. Pay Attention to Details: Make sure you understand all parts of a contract before signing it.

  2. Follow the Contract: Internal talks or assumptions do not change written agreements.

  3. Legal Precedents Matter: Courts often rely on established legal rules, showing the need for contracts to be clear and complete.

This case serves as a reminder of how important contracts are in business deals and the potential issues that can come up when terms are disputed.