TECHNO GLOBAL SERVICES PVT. LTD Vs. ADDITIONAL CHIEF SECRETARY REVENUE AND DISASTER MANAGEMENT DEPARTMENT

JUDGEMENT

(1.) THE CHALLENGE: Aggrieved by Order dtd. 14/7/2023 passed by the Tahasildar, Tirtol-opposite party No.5 cancelling the quarry lease, notwithstanding deposit of an amount of Rs.1,65,73,784.00 (Rupees One Crore Sixty Five Lakhs Seventy Three Thousands Seven Hundred eight four) towards interest free security deposit reduced by the amount of earnest money being made, and consequently, allowing the second highest bidder long term quarry lease in respect of 'Bilashpur Paikanadi Sand Sairat' at much lesser price in purported exercise of power under Rule 27(10) of the Odisha Minor Minerals Concession Rules, 2016, the petitioner, the highest bidder, having participated in pursuance of the auction notice dtd. 4/3/2023, has questioned the propriety of the opposite party Nos.1 to 5 in the present writ petition filed under Articles 226 and 227 of the Constitution of India.

(2.) Further challenge is laid by the petitioner to the effect that without taking into consideration its application, as directed vide Order dtd. 26/6/2023 of this Court passed in W.P.(C) No. 19169 of 2023, in proper perspective, whereby request was made to the opposite party No. 5, Tahasildar, Tirtol, to provide the Environment Clearance Certificate ('ECC", for short) in order to enable it to deposit the annual sairat value on the basis of approval of State Environment Impact Assessment Authority (abbreviated, 'SEIAA') for operating the sairat, Order dtd. 14/7/2023 came to be passed by said opposite party allowing the opposite party No.6, the second highest bidder, to deposit the security amount at much less value than the offer of the petitioner indicating that the opposite party No.6 has become successful second highest bidder in the sairat. Such action of Opposite Party No.5 cancelling the quarry lease of the petitioner, the highest bidder, without following due procedure of law even after deposit of entire sairat value as per demand of the authority being made, and allowing the second highest bidder (opposite party No.6) to go for grant of Bilashpur Paikanadi Sand Sairat on long term quarry lease, suffers vice of arbitrariness.

(3.) The opposite party No. 5 issued Notification bearing No. 757 dtd.. 4/3/2023 for auction of the Bilashpur Paikanadi Sand Sairat under Tirtol Tahasil for the period 2023-24 to 2027-28 ('sairat", for brevity). Having participated in the auction, the petitioner was selected as successful bidders in the said auction amongst the other bidders in respect of Bilashpur Paikanadi Sand Sairat under Khata No. 289, Plot No.1004 measuring an area of Ac. 13.00 (5.26Ha) for a period of 5 years. The petitioner accepted the terms and conditions as specified by the opposite party No.5 in Letter dtd. 28/3/2023 and Letter dtd. 20/2/2017 issued by the opposite party No.2. However, the petitioner pointed out by a Letter dtd. 5/4/2023 that the detail of calculation breakup for all the dues along with security deposit was not made known. It has also brought to notice of the authority concerned that though sairat has been permitted for excavation of 15,149 CuM per year, the ECC was issued in the year 2017 permitting 6000 CuM of sand per year. It is also further stated that the petitioner is entitled to pay the amount basing on the permit granted by the opposite party No.2 to the extent of quantity allowed for excavation of sand, i.e., 6000 CuM. Therefore, it was stated that the petitioner would pay off the revised amount, if any, after the completion of replenishment study report.