Punjab-Haryana High Court
Arss-Suresh Balaji(Iv) vs State Of Haryana & Another on 11 March, 2014
Bench: Hemant Gupta, Anita Chaudhry
CWP No.28779 of 2013(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.28779 of 2013(O&M)
Date of decision:11.03.2014
ARSS-Suresh Balaji(IV), New Delhi .... Petitioner
versus
State of Haryana & another .... Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MS. JUSTICE ANITA CHAUDHRY
Present: Mr. Babbar Bhan, Advocate for the petitioner.
Ms. Shubhra Singh, DAG, Haryana.
*****
Hemant Gupta, J.(Oral)
Challenge in the present petition is to legality of proviso of Rule 9 of Haryana Minor Mineral Concession Stocking and Transportation of Minerals and Prevention of illegal Mining Rules, 2012. The relevant clause reads as under:
"9. Grant of Mining Lease through competitive bidding (1) Any minor mineral deposits, where the government decides such areas to be operated under a lease, may be granted on mining lease for a period not less than 10 years but not exceeding 20 years following a competitive bid process as provided under Chapter 7 of these rules:
Provided that the government may, wherever it deem necessary, pre-qualify the bidders, with the pre- qualification criteria determined upfront, by inviting expression of interest through a. public notice, and limit the bidding process among such pre-qualified bidders."
In short reply filed by learned State counsel, it has been Bura Sonia 2014.03.13 15:37 I attest to the accuracy and integrity of this document chandigarh CWP No.28779 of 2013(O&M) -2- averred that legality of Rule 9 has been upheld by the Division Bench of this Court in CWP No.18509 of 2012 titled as Manoj Kumar vs. State of Haryana & others vide order dated 23.01.2013.
Though such reply was filed on 19.01.2014, the petitioner has chosen not to file any rejoinder.
In view of the reasons recorded in Manoj Kumar's case, we do not find any merit in the writ petition. The writ petition is thus, dismissed.
(HEMANT GUPTA)
JUDGE
11.03.2014 (ANITA CHAUDHRY)
sonia JUDGE
Bura Sonia
2014.03.13 15:37
I attest to the accuracy and
integrity of this document
chandigarh