NUPUR BHATI
Ecosafe Infraprojects LLP – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Though the matters are listed in the fresh category, however, on the joint request of the counsel for the parties, the matters are being heard today itself.
2. These two writ petition have been filed under Article 226 of the Constitution of India with the prayer to set aside the impugned e-auction notices dated 08.03.2024 and 06.03.2024 (Annex.2) respectively and to issue suitable clarification in respect of the issues raised by the petitioner and to conduct the-auction afresh after issuance of clarification sought. The petitioner has also sought a direction to the respondents to conduct auction afresh only after issuance of suitable clarification and allow competitive participation of maximum of participant on the basis of clarity in the terms and conditions.
3. The facts illustratively are taken of SBCWP No. 6087/2024. In the writ petition, it is inter-alia stated that petitioner M/s Ecosafe Infraprojects is a Limited Liability Partnership (LLP) duly registered under the provisions of Limited Liability Partnership Act 2008 who participated in the e-auction process floated by the respondents for 14 plots of minor mineral Bajri (river Sand), wherein 7 plots pertained to Dis
Deepak Kumar v. State of Maharashtra
Dutta Associates (P) Ltd. v. Indo Merchantiles (P) Ltd. (1997) 1 SCC 53
Meerut Development Authority v. Assn. of Management Studies
Montecarlo Ltd. v. NTPC Ltd. (2016) 15 SCC 272
N.G. Projects Ltd. v. Vinod Kumar Jain
National High Speed Rail Corpn. Ltd. v. Montecarlo Ltd. (2022) 6 SCC 401
Rashmi Metaliks Limited vs. State Of Himachal Pradesh
Sam Built Well (P) Ltd. v. Deepak Builders
The court established that clarity in auction terms is essential, and the commencement of mining operations is contingent upon obtaining environmental clearance, as per the Rajasthan Minor Mineral Co....
The court affirmed that auction terms must provide legal certainty, and found no ambiguity in the terms of the e-auction for mining leases, thus upholding the auction process.
The court established that tender conditions are primarily the domain of project authors unless proved arbitrary.
DSRs approved with pre-auction compliance condition validate e-auctions of sand plots if following guidelines; Tribunal confines to environmental issues, dismissing contractual claims; mandates reple....
DSR approval with public consultation mandatory before sand mining auctions; compliant e-auctions upheld if plots from approved DSR via committees; Tribunal bars contractual claims like bid forfeitur....
E-auctions of sand mining plots valid post-approved DSR compliant with SSMG-2016/EMGSM-2020; contractual bidder disputes not cognizable by NGT; strict monitoring mandated for sustainable mining.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.