BISHNU PRATIM BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition is filed by the Petitioner challenging the imposition of 10% reclamation and restoration work fees of Rs.42,500.00 and 10% of D.M. Fund of Rs.42,500.00 from the Petitioner in addition to the other amounts to which the Petitioner is liable to pay as per the Letter of Intent (LOI).

(2.) The facts involved in the instant case is that a Re-Sale Notice was issued on 23/3/2015 by the Divisional Forest Officer, Lakhimpur Division from intending eligible tenderers for grant of mining contract for collection of Sand and Gravel in an area of 5.20 Hector of Durpang Sand and Gravel Mining Contract Area for 7 years with an assessed quantity of 10,500.00M3 of Sand and 10,500.00M3 of Gravel. The reserved price of the mining contract area was fixed at Rs.34,76,000.00 and the earnest money was fixed at Rs.3,48,000.00 @ 10% on the reserved price of the mining contract area. The Petitioner participated in the said tender process and was adjudged as the highest bidder at Rs.1,19,00,000.00.

(3.) Pursuant thereto, the Principal Chief Conservator of Forests and Head of Forest Force, Assam issued a Communication on 4 th of August, 2016 thereby directing the Divisional Forest Officer to issue the provisional Letter of Intent (LOI) to the Petitioner being the successful bidder for granting the mining contract in respect to the mining area Durpang S and G area for 2015-22 (7 years) for the quantity 10500 cubic metre of sand and 10500 cubic metre of gravel at the offered price of Rs.1,19,00,000.00. It was also mentioned that the Letter of Intent holder shall be liable to pay other Government dues as and when necessary.