- (1.) The petitioner has challenged the acceptance of the bid of respondent Nos. 5 and 6 on the ground that they were submitted beyond the time stipulated in the e-auction notice. The petitioner submits that the bids submitted by respondent Nos. 5 and 6 although higher than the petitioner's bid by Rs. 14 crores and Rs. 38.10 crores respectively ought not to have been accepted as they were made more than 10 minutes after the petitioner's bid. We have rejected the petition.
(2.) By a notice dated 22.01.2016 the Haryana Government informed the general public that mining leases would be granted for the extraction of minor minerals. Nine mining leases were to be auctioned for a period of ten years each. The bids were to be submitted for amounts per annum. The rival contentions require a construction of the following conditions of the e-auction notice:- B. The intending bidders before participation in the eauction/bidding process will be required to create their user account online by selection the option of e-auction from discipline column and obtain user-id / password " D. In case of any query regarding process of e-Auction, the intended bidder can contact the service provider at below mentioned address: E. Any bidder interested to participate in the auction can submit his bid/s from 23.02.2016 from 09:00 AM to 24.02.2016 till 12:00 noon. F. However, in case any bid in respect of any mine/ block is received 10 minutes prior to time fixed for closure for the bids i.e. bid received between 11:50 AM to 12:00 Noon then the time for closure of the auction would be extended automatically by 10 minutes, so that equal opportunity is made available to the persons participating in the bidding process. Such extensions of ten minutes will continue till bids are received within next 10 minutes of last bid for any of the mine, otherwise the same would get concluded. G. In case the bidding would continue during such extensions of 10-10 minutes, the bidding process will finally conclude at 04:00 pm and no further extension would be given thereafter. 12. The bids offered/ received during the e-auction process shall be provisionally accepted and the Director shall obtain the orders of Government thereon. No bid shall be regarded as successful bid unless accepted by the Government.
(3.) As we mentioned earlier, the bids were to be for amounts per annum but the duration of the leases was 10 years. The petitioner submitted bids for plot Nos.2 and 3, respondent No.5 bid for plot Nos.2 and 3 and respondent No.6 bid for plot No.3.;