HRIDAY BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these writ petitions -W.P.[C] no. 2611/2016 and W.P.[C] no. 1966/2017 -have been preferred by the same petitioner in respect of a competitive bidding process initiated by a Notice Inviting Quotations dtd. 7/2/2014 ['the 1st NIT, for convenience] in respect of two diversion areas [stone] viz. Kathalguri Stone Quarry Area no. 1 [B] and Kathalguri Stone Quarry Area no. 2 wherein the petitioner had emerged as the sole responsive bidder and the subsequent decision dtd. 2/1/2015 taken by the Divisional Forest Officer, Nagaon Division, Nagaon ['the DFO, Nagaon', for convenience] cancelling the entire process; and thereafter, publication of a subsequent Short Tender Notice for sale of Minor Minerals dtd. 17/3/2017 ['the 2nd NIT', for convenience] in respect of the same two Mining Contract Areas.

(2.) It may be mentioned that the Mining Contract Area named Kathalguri Stone Quarry Area no. 1 [B] has been renamed as Kathalguri Stone Mahal no. 1 [hereinafter referred to as 'the Mining Contract Area no. 1, for convenience] at a later point of time and the name of the Mining Contract Area, Kathalguri Stone Quarry Area no. 2 has been changed to Kathalguri Stone Mahal no. 2 [hereinafter referred to as 'the Mining Contract Area no. 2, for convenience].

(3.) By the 1st NIT, published in the newspapers on 19/2/2014, the DFO, Nagaon invited quotations from user agencies/individuals to submit their bids for processing of diversion proposals for operation of intended Diversion Areas [Stone] under the Nagaon Forest Division. The 1st NIT further stipulated that only the bid of the highest bidder above the Reserved Price mentioned against the particular Diversion Area, would be taken up for further processing of the diversion proposal for clearance under Sec. 2 of the Forest [Conservation] Act, 1980 r/w the Assam Minor Mineral Concession Rules, 2013. The selected individuals/user agencies would be required to make payment of NPV, Royalty, Compensatory Afforestation charges, etc. and the same would form part of the compliance of conditions in processing the diversion proposal. In the 1st NIT, a number of Diversion Areas [Stone] were mentioned. The issues involved in these two writ petitions pertain to the Mining Contract Area no. 1 and the Mining Contract Area no. 2.