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2004 Supreme(SC) 11

S. B. SINHA, A. R. LAKSHMANAN
Jai Durga Finvest Pvt. LTD. – Appellant
Versus
State Of Haryanas – Respondent


JUDGMENT

S.B. Sinha, J.-The writ petitioner before the High Court is appellant herein.

2. Admitted fact of the matter is as under:

An auction for grant of mining operation that is for extraction of mineral sand in Bega Murthal comprising 56 villages in the district of Sonepat in the State of Haryana was held on 6.4.1998. The reserved price therefor was fixed at Rs. 83,23,000/- (Rupees eighty three lacs twenty three thousand only). The appellant herein became the highest bidder, the bid amount being Rs. 1,48,00,000/- (Rupees one crore forty eight lacs) per annum for the period 11th October, 1998 to 31st March, 2001. The said bid was accepted and pursuant to and in furtherance thereof an agreement was entered into by and between the parties on 30th October, 1998. The appellant herein deposited an amount of Rs. 37,00,000/- (Rupees thirty seven lacs) as security.

3. The relevant clauses of the said agreement are as under :

"9. Payments of Compensations to land owners :-

The contractor shall make and pay reasonable satisfaction and compensation for all damages or disturbance which may be done by him in exercise of the powers granted by this contract and shall indemnify and keep indemnify fu


























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