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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Manjeet Chawla S/o Late Amarjeet Singh Chawla – Appellant
Versus
State of Bihar through the Principal Secretary, Mines and Geology Department, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. auction of sand ghat with estimated annual quantity. (Para 1 , 2 , 3 , 4 , 5) |
| 2. overlaps with short-term permits depleted sand reserves. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. fresh replenishment study needed for royalty calculation. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. state must ensure accurate quantity per mining guidelines. (Para 19 , 20 , 21 , 23 , 24 , 25 , 26 , 27) |
| 5. bidders estopped; short-term permits legally authorized. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 6. replenishment studies mandatory for sustainable sand mining. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 7. remand for fresh study, royalty adjustment, order quashed. (Para 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62) |
JUDGMENT :
The present writ petition has been filed on behalf of the successful bidder in the auction of Bhojpur Sone 35 Ghat (65 Hectares). The central grievance of the petitioner is that the respondent State while issuing the tender notice had asserted that the aforesaid sand ghat had 11,70,000 CuM of sand available annually for sand mining, however the quantity of sand mineral, as asserted by the respondent-State, was not actuall
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