HARVINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is the successful bidder for Bhandala Mine in District Ferozepur having an area of 2.64 hectares. The said mine comprises Khasra Nos. 49//23, 24, 21, 22, 19, 20, 18. The mining rights in respect of this land have been obtained by the petitioner through e-auction held pursuant to the notice inviting tender dated 13.06.2017 issued by the State of Punjab. He was the highest bidder @ Rs. 108/- per metric ton. Thereafter, environmental clearance was transferred in the petitioner's name and consent to operate under the Air Act and Water Act was also granted. Final approval too was granted on 06.10.2017 and the petitioner thus has commenced the mining activities immediately thereafter.

(2.) The petitioner's grievance is that soon after he started mining activities, another Notification dated 30.10.2017 has been issued in which 'Bhandala mine' has been again included although the land comprises different khasra numbers 53//2, 3, 8 and 9, measuring total 1.61 hectares. He submits that the mine which has now been put to auction is situated at a distance of 135 meters from the mine which is taken by the petitioner pursuant to the notification dated 13.06.2017. This information regarding availability of 2nd mine in the adjoining land was not made available when the notification inviting 1st bid was issued. Resultantly, it is claimed that the petitioner would suffer huge losses and the action of the State of Punjab in concealing this fact is per-se arbitrary and thus needs intervention of this Court in exercise of writ jurisdiction vested under Article 226 of the Constitution of India. Reliance has also been placed upon Rules 58 and 59 of the Punjab Minor Mineral Rules, 2013 as well as Notification dated 15.01.2016 issued by the Ministry of Environment, Forest and Climate Change.

(3.) The rules relied upon by the petitioner are reproduced below:-