- (1.) Heard Mr. Sumeet Gadodia, learned counsel for the petitioner and Mr. Rupesh Singh, learned counsel for the respondent-State.
(2.) The prayer has been made in this writ petition for direction to the respondents to return the amount of royalty, which was deposited by the petitioner for the period the petitioner was not allowed to lift sand i.e. for the period between 04.06.2012 to 31.03.2014 along with the proportionate amount of registration charge and stamp duties with interest at an appropriate rate.
(3.) Mr. Gadodia, learned counsel for the petitioner submits that the Deputy Commissioner, Dhanbad issued Notice Inviting Tender from prospective bidders to participate in auction for settlement of right for 12 mining sand beds. The right to mine was for 3 years i.e. 01.04.2011 to 31.03.2014 and the auction was to be held on 08.08.2011. He further submits that there was no requirement to take clearance or consent to operate from the Ministry of Forest and Environment, Government of India. The petitioner participated and was declared successful bidder of five sand beds, namely, Tundi Block in Panchayat Kolhar, Lukaiya, Churuiya, Ukma and Mairnwatand. He further submits that the acceptance of bid of the petitioner was communicated for the aforesaid sand bids vide separate order all dated 09.08.2011. The petitioner deposited 50% of the bid amount (40% first installment and 10% of earnest money) and commenced its operation from 09.08.2011 itself and as per the terms and conditions of the agreement, the petitioner also deposited second installment of 30%. He further submits that in that view of the matter the petitioner deposited 80% of the bid amount and the balance 20% was to be deposited in the next installment. He also submits that till June 2012, transit challans were issued by the Department. However, from July 2012, the respondents stopped issuing transit challans, resulting into stoppage of mining operations of the petitioner. The said direction was issued due to direction of the Jharkhand State Pollution Control Board and also in light of the order of the Hon'ble Supreme Court in the case of Deepak Kumar and Ors. v. State of Haryana and Ors. , reported in 2012 (4) SCC 629. He further submits that the order of the Hon'ble Supreme Court passed in Deepak Kumar (supra) has been interpreted by this Court in W.P.(C) No. 5868 of 2013 and this Court has stayed the operation of such orders for obtaining environmental clearance. He further submits that this order was not applicable in the facts of the present case as the lease of the petitioner was for earlier period. At this stage, he restricts his argument only for refund of proportionate amount of bid.;