HAREN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Sarma, learned counsel for the petitioner as well as Mr. A. Das, learned Standing Counsel for the Forest Department.

(2.) By this writ petition under Article 226 of the Constitution of India, the case projected by the petitioner is that he had participated in a tender process initiated by the Divisional Forest Officer, Nagaon Division for sale of Mayong Beat Sand Mining Area for the period of 2013-15 and he was selected as the highest bidder with a offer of Rs.7,77,777/-. Accordingly, a LOI dated 28.02.2014 was issued in favour of the petitioner. As per the existing guidelines in force, and as a condition of sale, the petitioner was required to obtain an Environmental Impact Assessment Clearance within a period of 45 days at his cost and amongst others, the condition of the sale notice dated 19.08.2013 was that the Department shall not be responsible for delay in the process and that the petitioner was not to be compensated for loss in this account. Accordingly, the DFO by his letter dated 17.06.2014 had requested the State Environment Impact Assessment Authority to accord approval for Environmental Impact Clearance. On 14.10.2014, the petitioner had also moved the DFO regarding non-receipt of letters and accordingly, by a letter dated 05.11.2014, the Divisional Forest Officer had informed the petitioner that he should refrain from delay and to submit the required Environment Impact Assessment Certificate within seven days failing which the concerned sand permit area shall be terminated without further correspondence. Moreover, the Member Secretary, State Environment Impact Assessment Authority was provided with copies of letter dated 17.06.2014, which was previously sent by registered post on 20.06.2014. It is further projected that on 19.11.2014, the petitioner had also moved the Member Secretary, State Environment Impact Assessment Authority along with the copy of the documents provided by the DFO, Nagaon Divison, Nagaon and at the request of the said authority, on 11.12.2014, the processing fees of Rs.20,000/- was deposited in favour of the Member Secretary, Pollution Control Board and thereafter, pursuant to a meeting of the State Level Expert Assessment Appraisal Committee held on 20.12.2014, Environment Impact Clearance certificate was granted by the said authority by letter No. SEIAA. 363/2014/EC/21 dated 30.01.2015. However, prior to issuance of such certificate, the DFO Nagaon Division, by order No. 4 dated 12.01.2015, had forfeited the security deposit money by adjusting the same as Government revenue in terms of sale notice dated 19.08.2013 and re-sale notice dated 28.11.2013 and further debarred the petitioner from participating in any subsequent sale process for a period of 5 (five) years with immediate effect.

(3.) Accordingly, the learned counsel for the petitioner has submitted that the petitioner could not have been accused of causing any delay because the delay was caused by the State Environment Impact Assessment Authority in granting the necessary clearance. Moreover, it is submitted that the action of forfeiting the security deposit by the petitioner and for black listing him for a period up to 5 years was done without granting any opportunity of hearing to the petitioner. Hence, the learned counsel for the petitioner has prayed for setting aside and quashing of the aforesaid order dated 22.12.2014 issued by the DFO, Nagaon Division and for directing the said authority to allow the petitioner to operate the Mayong Beat Sand permit area in terms of the LOI dated 28.02.2014.