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NUPUR BHATI
Arawali Resources LLP – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Though the matter is listed in the fresh category, However on joint request of the counsel for the parties the matter is being heard today itself.
2. These writ petitions have been filed by the petitioner challenging the order passed by the Director, Mines and Geology, Government of Rajasthan at Khanij Bhawan, Shastri Circle, Udaipur dated 15.04.2024 (Annex.15) whereby the Earnest Money Deposit (‘EMD’) amounting to Rs. 40,00,000/- has been forfeited and the petitioner has been debarred from participating in auction proceedings for a period of 5 years. The petitioner has also sought a direction to the respondents not to finalize granting of mining lease for the Minor Mineral Bajri (River Sand) for Plot No. BJ-05 situated at Revenue Village Akola, Tehsil Sawaipur, District Bhilwara under the E-auction notice dated 06.03.2024 (Annex.2), and also not insist upon the deposition of 40% of the premium amount quoted, till clarification is not provided by the respondents as sought by the petitioner is not provided. The petitioner has also prayed that the respondents may not be allowed to conduct fresh auction for the said plot. Certain other ancillary relief(s) have also been sough
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.
The forfeiture of earnest money for failure to increase the bid price by a sole bidder was invalid due to a vague show cause notice and denial of personal hearing, violating principles of natural jus....
The court clarified the specific penalty that could be imposed for non-compliance with the mining plan provision within one month of receiving the Letter of Intent, and emphasized the requirement for....
E-auction – Mistake in bid – While undertaking exercise of judicial review of matters relating to tenders, court has to strike a fair balance between interests of Government, which is always expected....
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