AMIT GARG Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
STATE OF MEGHALAYA
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Ranjit More,J. -
(2.) By this petition filed under Article 226 of the Constitution of India petitioner is challenging clause 3, 4 and 5 of the Coal Auction Notice dated 24- 09-2020. Clause 3, 4 and 5 of the said notice reads as follows:
"3. The interest persons/parties may inspect the seized coal from the site anytime during office hours before bidding and the undersigned will not be responsible for over assessment/under assessment of seized coal at the site.
4. The non-tribal applicants will have to enclose a License for Trading by Non-Tribals issued by the Garo Hills Autonomous District Council for the last 3(three) years.
5. The applicant will also have to enclose a'No Objection Certificate' issued by the A'king Nokma of the area of the LOT for which he/she is bidding along with the application."
(3.) So far as clause 3 is concerned, learned counsel for the petitioner invited my attention to the judgment and order dated 18-03-2020 in WP(C). No. 10/2020 and connected matters, especially para 9 (iii) and submitted that exact quantity of the coal must be ascertained by the Government before re-auction of the coal and this ascertainment ought to be done after collating the data, after issuance of lifting orders dated 02-12-2019 and actual coal lifted and transported or in transit by the private respondents. Learned counsel further submits that in the light of the above observation, clause 3 of the Coal Auction Notice is illegal.;
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