AKIBUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhattacharjee, learned Senior counsel, assisted by Mr.D. K. Bhattacharjee and Mr. JUNM Laskar, learned counsel for the petitioner. Also heard Mr. D. Mazumdar, learned Senior counsel and Additional Advocate General, Assam assisted by Mr. S. Dutta, learned Standing Counsel, Forest Department, Government of Assam for the respondents.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of entire sale proceeding including tender notice dated 27.08.2018 for sale/settlement of Chiri Stone Mahal Unit-II in the district of Cachar.

(3.) Case of the petitioner is that pursuant to an auction sale proceeding for sale/settlement of Chiri River Minor Minerals (Stone) Unit (briefly, the Mahal hereinafter) petitioner was settled with the said Mahal for a period of 7 years with effect from 1.9.2014 to 30.9.2021 vide settlement order dated 22.8.2014 issued by the Divisional Forest Officer, Cachar Division, i.e., respondent No.4 at his offered bid value of Rs.3,78,84,000.00. The settlement was for extraction of 84000 cubic meter of stone after obtaining clearance fromthe State Level Environment Impact Assessment Authority.