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ASHUTOSH KUMAR, NAWNEET KUMAR PANDEY
Nagendra Kumar – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—Heard Mr. P.K. Shahi, learned Senior Advocate for the petitioner and Mr. Naresh Dixit, Special P.P. for the Mines.
2. The petitioner was selected as the successful tenderer for extracting sand from the Sand Ghats of Cluster No.6, Fatehpur Sand Ghat as he had quoted the highest bid of Rs. 4,59,92,373/-. He had deposited the first and second installments of the auction amount. With the completion of the process of tender, the work order was issued on 17.01.2022, the duration of which was till 31.03.2022.
3. For the petitioner to extract sand from the aforenoted Cluster-6 of the Sand Ghat in question, a temporary bridge was required to be constructed over the water-body as there was no approach road/link road. Such contingency was thought of and, therefore, a provision was made in the tender document that the tenderer himself will have to seek ‘No Objection’ for carriage ways, waterways/causeways from the concerned department, particularly the Department Water Resources for making any temporary arrangement for transportation of sand from the river-bed to the main road.
4. For the aforesaid purpose, the petitioner had informed the Chief Engineer and the Executive Engine
The contractor's entitlement to refund for inability to extract sand is governed by the specific clauses of the Government Resolution, and the contractor's responsibility to factor in natural calamit....
Compliance with government regulations and the use of permissible methods for sand excavation are essential, and refusal to do so may result in the dismissal of claims for refunds.
The government's decision must conform to the principles of reasonableness and be free from arbitrariness, bias, and mala-fides. The order of forfeiture of security deposit cannot be passed in violat....
Opposition from villagers can justify a refund for un-excavated sand under the applicable sand excavation policy, despite the allottee's acceptance of contract terms.
Permissible sand mining quantity governed by mining plan, EC, and consents (lowest), not tender quantity; EC transferable without altering terms.
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