GUWAHATI, India, Sept. 5 -- Gauhati High Court issued the following order on Aug. 5:

1. Heard Mr. P. K. R. Choudhury, the learned counsel appearing on behalf of the petitioner and Mr. R. R. Gogoi, the learned counsel who appears on behalf of the respondent Nos.1, 2 & 3.

2. The petitioner is aggrieved by the communication dated 05.12.2018 whereby the petitioner was directed to deposit 15% of the bid security amount of Rs.6,15,008/- to make up 25% of the bid security and further it was mentioned therein that why action should not be taken against the petitioner in terms with Rule 37 (v) of the Assam Minor Mineral Concession Rules, 2013 (for short, 'the Rules of 2013').

3. The case of the petitioner herein is that a public notice was invited for grant of a mining contract in respect of the mining area, namely, Doboka Ordinary Sand Mining No.1 (outside RF) for a period of 7 years for annual quantity of 4000 cum of sand. The petitioner participated in the said tender process. The petitioner was informed by a communication dated 07.01.2014 referring it to be a provisional Letter of Intent informing the petitioner that the Doboka Ordinary Sand Mining No.1 (outside RF) was decided to be settled with the petitioner for a period of 7 years at the offered annual price of Rs.41,00,050/- subject to following certain conditions.

4. The conditions mentioned therein which were required to be followed as per the said communication dated 07.01.2014 were that the petitioner had to deposit the initial bid security which is an amount equal to 10% of the annual contract money as per Rule 37(3)(i) of the Rules of 2013 within 7 days in the form of bank draft drawn in a nationalized bank. The petitioner was further required to deposit an additional amount equal to one month's annual contract money in the year in the form of bank draft drawn in a nationalized bank. The petitioner was further asked to deposit an additional amount equal to 10% of the annual contract money with installments towards the Mining and Mineral Development, Restoration and Rehabilitation Fund within 7 days etc. In addition to that, the communication contained further terms and conditions, however taking into consideration the present, the same being not relevant are not referred to herein.

5. It is pertinent to take note of that pursuant to the issuance of the communication dated 07.01.2014, the petitioner deposited an amount of Rs.11,61,680/- which is the 10% initial bid security; one month annual contract money and 10% additional amount. Thereupon, steps were duly taken for obtaining the environmental clearance as well as for obtaining the mining plan by the petitioner.

6. In the meantime, a writ petition was filed challenging the decision to award the contract to the petitioner on the ground that the area where the mining activity was to be carried out was affecting various villages. The said writ petition was registered and numbered as WP(C) No.3863/2014, and this Court, vide an order dated 13.08.2014 while issuing notice directed that status-quo be maintained in respect to the operation of the Doboka Ordinary Sand Mining No.1 until the next date. The interim order thereupon continued and it was only on 11.08.2018 that the writ petition being WP(C) No.3863/2014 was dismissed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WupfJpXpkyXxzJfTVQN5ysjC4G5S0wZPQNq881xgdQv4&caseno=WP(C)/8335/2019&cCode=1&cino=GAHC010250382019&state_code=6&appFlag=)

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