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DEVASHIS BARUAH
Bishnu Pratim Borah, S/o Sri Jadav Chandra Borah – Appellant
Versus
State of Assam Rep. By The Commissioner And Secretary To The Govt Of Assam, Forest And Environment Deptt. – Respondent
JUDGMENT :
Devashis Baruah, J.
The instant writ petition is filed by the Petitioner challenging the imposition of 10% reclamation and restoration work fees of Rs.42,500/- and 10% of D.M. Fund of Rs. 42,500/- from the Petitioner in addition to the other amounts to which the Petitioner is liable to pay as per the Letter of Intent (LOI).
2. The facts involved in the instant case is that a Re-Sale Notice was issued on 23.03.2015 by the Divisional Forest Officer, Lakhimpur Division from intending eligible tenderers for grant of mining contract for collection of Sand and Gravel in an area of 5.20 Hector of Durpang Sand & Gravel Mining Contract Area for 7 years with an assessed quantity of 10,500.00M3 of Sand and 10,500.00M3 of Gravel. The reserved price of the mining contract area was fixed at Rs.34,76,000/-and the earnest money was fixed at Rs.3,48,000/-@ 10% on the reserved price of the mining contract area. The Petitioner participated in the said tender process and was adjudged as the highest bidder at Rs.1,19,00,000/-.
3. Pursuant thereto, the Principal Chief Conservator of Forests & Head of Forest Force, Assam issued a Communication on of 4th August, 2016 thereby directing the Divisiona
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