JSW CEMENT LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The writ petition has been preferred seeking quashing of the E-Auction held on 26.09.2017 in respect of auctioning of Block 3D1 in Tehsil Nagaur for grant of mining lease as well as declaration dated 29.09.2017 recommending respondent No.7 as the preferred bidder, with a further prayer to conduct fresh E-Auction.

(2.) The respondent No.2 - Director, Mines and Geology issued a Notice Inviting Tender (NIT) for the grant of mining lease under the provisions of Section 10B/11 of Mines and Mineral (Development and Regulation) Amendment Act, 2015 and in accordance with Mineral (Auction) Rules, 2015 whereby the mineral blocks for the purpose of grant of mining lease for mineral lime stone through E-auction were notified for inviting bids in digital format only from eligible bidders. In pursuant to the issuance of the NIT, the petitioner company got itself registered on the website of respondent MSTC and obtained its login ID and password. The mining department of State of Rajasthan issued a tender document to all prospective bidders setting out terms and conditions to carry out E-auction for grant of a mining lease for mineral specified therein.

(3.) The respondent No.4 and 5 being Mineral State Trading Corporation Ltd. (Commonly known as MSTC) is a mini ratna category -1 PSU under the administrative control of the ministry of Steel, Government of India. The said company acts as a regulating authority for export of ferrous scrap. The State Government had authorised the respondent MSTC for conducting electronic auction through its platform as per Rule 7 of the Mineral (Auction) Rules, 2015.