DHRUV STONE QUARRY Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Dhruv Stone Quarry
STATE OF GUJARAT
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(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:
"(a) This Hon'ble Court may be pleased to admit and allow this petition;
(b) This Hon'ble Court may be pleased to issue appropriate writ, order or direction to the respondent authorities of executing an agreement for lease of the remaining area i.e. H-?3.72.00 at village Chichode, Taluka Nizar, District Tapi in favor of the petitioner, as per the original tender proceedings of the year 2015.
(c) This Hon'ble Court may be issue appropriate writ, order or direction for quashing and setting aside the action of the respondent authorities of not executing the lease of entire area of H-?6-?00-?Aare-?00-?sq. meters situated at village Chichode, Taluka Nizar, District Tapi in favor of the petitioner in view of the original tender proceedings of the year 2015.
(d) This Hon'ble Court may be pleased to issue appropriate writ, order or direction for quashing and setting aide the notice inviting the tender published in daily news paper dated 31.02.2020.
(e) Pending admission, final hearing and disposal of this petition, stay the further proceedings in respect of the notice inviting the tender published in daily news paper dated 31.02.2020.
(f) Grant such other and further relief as thought fit in the interest of justice."
(2.) The facts giving rise to this application may be summarised as under:
2.1 This litigation has something to do with mining lease in the area admeasuring six Hectares situated opposite the survey No.1, 92, Gamtal of Tapi river situated at the villages Kukarmunde and Chichode respectively, Taluka Nizar, District Tapi.
2.2 On 22nd April 2015, an online auction was held in connection with total three blocks of land referred to and described above.
2.3 On 4th August 2015, a letter of intent came to be issued to the writ applicant. It appears that the writ applicant, at that point of time, had to come before this Court by filing the Special Civil Application No.11143 of 2015. The cause of action to come before this Court in the year 2015 was a communication dated 11th June 2015 issued by the Assistant Geologist, Tapi asking the writ applicant to deposit a sum of Rs.1,67,68,840/-? within thirty days. While rejecting the said writ application, a Coordinate Bench of this Court passed the following order:
"The petitioner has opposed communication dated 11.06.2015 issued by the Assistant Geologist, Tapi asking him to deposit a sum of Rs.1,67,68,800/-? within 30 days. It appears that the petitioner had taken part in e-?tender exercise undertaken by the authorities for giving sand mining lease. His offer was accepted. The authorities therefore, demanded lease for a period of two years in terms of tender conditions. The said communication demonstrated that he had previously asked for adjustment of deposit of Rs.83,80,000/-?. However, the authorities conveyed under the impugned communication that such an adjustment cannot be made.
2. Learned counsel for the petitioner submitted that the petitioner is prepared to deposit the entire amount as soon as he gets environment clearance certificate. However, he is unable to point out any such condition in tender form. The term which is not part of the tender form cannot be super-?imposed after tender is accepted. It would amount to changing the terms of tender and therefore, wholly impermissible.
3. Under the circumstances the petition is dismissed."
2.4 The Collector, vide his order dated 29th March 2016, cancelled the blocks granted to the writ applicant.
2.5 The writ applicant being dissatisfied with the order passed by the Collector preferred a revision application before the State Government. The Revision Application No.850 of 2016 filed by the writ applicant came to be allowed vide order dated 13th October 2016. The State Government permitted the writ applicant to continue with the blocks on the condition that the writ applicant shall deposit an amount of Rs.1,67,68,800/-? within a period of thirty days.
(3.) The Collector passed an order dated 23rd March 2017 calling upon the writ applicant herein to deposit the entire amount as directed by the State Government.;
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