SHIVA CORPORATION INDIA LTD Vs. MP STATE MINING CORPORATION & ANOTHER

JUDGEMENT

(1.) The question which crops up for consideration in this writ petition is whether it is lawful on the part of respondent Madhya Pradesh State Mining Corporation Ltd. (hereafter shall be referred to as "Corporation") to recover the difference of royalty/dead rent enhanced by the State Government vide notification dated 6th September 2014 published in M.P. Gazette (Extraordinary) on the Sale Quantity or on the Contracted Quantity of sand.

(2.) Relevant facts briefly are that, having succeeded in a bid for sale of sand invited by the respondent Corporation vide Notice Inviting Tender No. 82 dated 24.9.2013, an agreement was entered into between the petitioner and the respondent Corporation on 30th October, 2013 for sale of agreed quantity of sand for a period of two years from 29.9.2013 to 28.9.2015. The quantity of sand as agreed vide said agreement was 13,26,000 cubic meter for the first year and 14,58,600 cubic meter for second year. The amount payable thereon was Rs.19,89,00,000/- and Rs.21,87,90,000/- respectively.

(3.) The essence of contract as agreed was the time and the price of offered quantity. (Clause 4.1 of the contract stipulates "").