NAZIR AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) Controversy in all the writ petitions on hand,(OWP No.445/2013, No.435/2013, No.366/2013, No.385/2013, No.427/2013), is identical andrelates to allotment of "Royalty Collection Contract" by the Directorate of Geology and Mining for a period of six months (01.04.2013 to 30.09.2013) in favour of M/s Azam Mining Private Limited, 701, Pearl Business Tower, NetajiSubash Palace Delhi-110085 (respondent No.3)and FayazAhmad Dar son of Ghulam Mohammad Dar resident of Magnipora, District Bandipora(respondent No.6 in OWP No.404/2013).

(2.) First an overview of background facts:

(3.) Directorate of Geology and Mining, J&K Government, in February 2012, floated tender notice, inviting offers from interested persons for award of "Royalty Collection Contract" in respect of 62 Minor Mineral Blocks (for brevity "MMBs") and 31 Stone Quarry Belts (for short "SQBs") of Kashmir Province, with effect from 01.04.2012 to 31.03.2013 i.e. for Financial Year 2012-13.The Tender Notice gave details of terms and conditions to be satisfied by an aspirant for the contract and also quoted reserve bids in respect of each of the Mineral Block and Quarry Belts. The tender notice evoked some response and Royalty Collection Contracts were allotted in favour of such of the Contractors for 05 MMBs and 03 SQBs, who satisfied the terms and conditions set out in the tender notice and offered the highest bid. However, some of the Mineral Blocks and Quarry Belts did not evoke any response. The Department issued second tender notice on 9th March 2012 for 57 MMBs and 29 SQBs. Response again was very poor inasmuch as interest was shown only in respect of 07 MMBs & SQBs. This was followed by third tender notice dated 10th April 2012 for 50 MMBs and 20 SQBs. The third tender notice did not attract any offer. Resultantly, the Royalty Collection Contracts were not allotted in respect of such MMBs and SQBs. The Department in respect of such MMBs and SQBs, devised a mechanism of "Royalty Prepaid Booklet" to collect royalty on Minerals Blocks out of Quarries and other mining sites. Royaltycollection in respect of such MMBs and SQBs, therefore, remained under departmental control.