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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Mohit Singh – Appellant
Versus
U.T. of J&K – Respondent
| Table of Content |
|---|
| 1. petitioner challenges emd amounts (Para 1) |
| 2. petitioner’s experience in contracts (Para 2) |
| 3. petitioner claims arbitrary emds (Para 3) |
| 4. respondents argue against maintainability (Para 4) |
| 5. respondents explain emd fixation (Para 5 , 6 , 7 , 8 , 9) |
| 6. court reviews emd calculation (Para 10 , 11 , 12 , 13 , 14 , 15 , 17 , 18) |
| 7. court finds no arbitrariness (Para 16) |
| 8. writ petition dismissed (Para 19 , 20) |
JUDGMENT :
1. The petitioner has impugned e-Auction Notice bearing No. DMO/J/e- Auction/2024-25/2198-2205 dated 24.01.2025, whereby the minor minerals blocks No. 34/JG “Jandial Khad at Village Aghore [34/JG](for short "the block 34/JG‟) and 37J “Jad/Dhok Khad upstream Taroti Jourian Bridge near Taroti Jourian, Jammu (for short "the block 37J‟), have been put to auction, to the extent that it fixes the Earnest Money Deposit (EMD) amounting to Rs. 13,23,945/- and Rs. 17,01,000/- for the blocks mentioned above respectively, in contravention to the procedure prescribed under the Jammu and Kashmir Minor Mineral Concession Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 (for short "the Rules of 2016‟).
2. The petitioner has stated that he h
The court upheld the discretion of authorities in fixing EMD amounts for mineral auctions under amended rules, emphasizing limited judicial intervention in tender matters.
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.
Presence of an arbitration clause would oust jurisdiction under Article 226.
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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