Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 29 October, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010170212021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5701/2021
M/S LEON BARUAH AND ASSOCIATES AND ANR
A PROPRIETORSHIP FIRM HAVING ITS REGD. OFFICE AT CHROMA
HYDROPONIC NURSERIES, BHOGA ALI, MOHANAGHAT, P.O.
MOHANAGHAT, P.S. AND DIST.- DIBRUGARH, PIN- 786008, ASSAM, REP. BY
ITS PROPRIETOR THE PETITIONER NO.2 SHRI LEON BARUAH
2: LEON BARUAH
S/O- SHRI CHIRANJEET BARUAH
PROPRIETOR OF M/S LEON BARUAH AND ASSOCIATES
R/O- OPP. BLOCK NO.12 CHIRINGAON RAILWAY COLONY
P.O. C R BUILDING
P.S. AND DIST.- DIBRUGARH
PIN- 786003
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. SECY., DEPTT. OF ENVIRONMENT AND FOREST
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
FOREST FORCE
ARANYA BHAWAN
PANJABARI
GHY-37
3:THE CONSERVATOR OF FOREST
EASTERN ASSAM CIRCLE
JORHAT
4:THE DIVISIONAL FOREST OFFICER
DIBRUGARH DIVISION
P.O. CR BUILDING
DIST.- DIBRUGARH
Page No.# 2/5
ASSAM
PIN- 786003
5:TECHNICAL BID EVALUATION COMMITTEE
REP. BY THE CHAIRMAN
THE CONSERVATOR OF FORES
Advocate for the Petitioner : MR. B D DEKA
Advocate for the Respondent : SC, FOREST
Linked Case : I.A.(Civil)/1789/2021
M/S LEON BARUAH AND ASOCIATES AND ANR
A PROPRIETORSHIP FIRM HAVING ITS REGD. OFFICE AT CHROMA
HYDROPONIC NURSERIES
BHOGA ALI
MOHANAGHAT
P.O. MOHANAGHAT
P.S. AND DIST.- DIBRUGARH
PIN- 786008
ASSAM
REP. BY ITS PROPRIETOR THE PETITIONER NO.2 SHRI LEON BARUAH
2: LEON BARUAH
S/O- SHRI CHIRANJEET BARUAH
PROPRIETOR OF M/S LEON BARUAH AND ASSOCIATES
R/O- OPP. BLOCK NO.12 CHIRINGAON RAILWAY COLONY
P.O. C R BUILDING
P.S. AND DIST.- DIBRUGARH
PIN- 786003
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. SECY.
DEPTT. OF ENVIRONMENT AND FOREST
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST
FORCE
ARANYA BHAWAN
PANJABARI
GHY-37
3:THE CONSERVATOR OF FOREST
EASTERN ASSAM CIRCLE
JORHAT
4:THE DIVISIONAL FOREST OFFICER
Page No.# 3/5
DIBRUGARH DIVISION
P.O. CR BUILDING
DIST.- DIBRUGARH
ASSAM
PIN- 786003
5:TECHNICAL BID EVALUATION COMMITTEE
REP. BY THE CHAIRMAN
THE CONSERVATOR OF FOREST
------------
Advocate for : MR. B D DEKA Advocate for : SC FOREST appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 29.10.2021 Heard Mr. B. D. Deka, learned counsel for the petitioners and Mr. K. P. Pathak, learned Standing Counsel, Forest Department for the respondent Nos. 1 to 5.
Divisional Forest Officer, Dibrugarh Division, respondent No.4 on 05.05.2021, issued a Long E-Auction Notice (Annexure-I to this petition) under the provision of Rule 32, 33 and 34 of the Assam Minor Mineral Concession Rules, 2013 in two bids system, technical and financial, amongst others of Minor Mineral Concession Area BDR/ 32/ Buridehing/Khamtighat /Sand & O. Clay Mineral Concession Area (Mahals).
Pursuant to the same, the petitioners submitted his bid. However, the respondent No.4, by order dated 04.08.2021, issued cancellation notice of said Long E-Auction Notice dated 05.05.2021 and issued a fresh Long E-Auction Notice on 08.10.2021 for all the Mineral Concession Area (Mahals) for which bids were invited earlier on 05.05.2021 including the bid for the Sand Mahal of BDR/32/Buridehing/Khamtighat/Sand & O. Clay Mineral Concession Area (Mahals).
The petitioners contended that the Technical Bid Evaluation Committee of the respondent Forest Department with regard to the said E-Auction notice dated 05.05.2021 on 12.07.2021 found the petitioners and another, namely, Ranjit Dutta's bid responsive for Page No.# 4/5 the said bid No. BDR/32/Buridehing/ Khamtighat/Sand & O. Clay Mineral Concession Area (Mahals) and one of the qualified bidders Ranjit Dutta later withdrew his tender and it is the petitioner who remained in the fray for settlement of the said Sand Mahals.
The petitioner from the said E-Auction notice dated 05.05.2021 placed before the Court that in its terms and conditions in the important information to bidders at Clause 8(A) of E-Auction process it was specified that:- if only one bidder is technically qualified then the bidder shall be made an offer to accept an amount that shall be greater of the 200% of the reserve price and his Initial Price offer. If the bidder accepts the offer, he shall be the "preferred bidder" and his price offer shall become the dead rent/contract money/permit money once he/she is declared as successful bidder. Otherwise, the auction process shall be annulled.
Mr. B. D. Deka, learned counsel for the petitioners submitted that though the petitioner was found to be the technically qualified bidder for the said Sand Mahal of Buridehing/Khamtighat in terms of said Long E-Auction Notice dated 05.05.2021, without offering the petitioners the price as provided at Clause 8(A), noted above, the respondent Forest Department could not have cancelled the entire bid process, more particularly with regard to the settlement of Sand Mahal of Buridehing/Khamtighat. Hence this writ petition.
The petitioner has also placed before the Court that today by 5:00 PM is the date and time for the first stage bid closing of the fresh Long E-Auction Notice dated 08.10.2021 with regard to the settlement of said Sand Mahal of Buridehing/Khamtighat.
Mr. K. P. Pathak, learned Standing Counsel, Forest Department on the other, hand submitted that the respondent in the Forest Department, after going through the proposal of the Divisional Forest Officer, Dibrugarh Division, respondent No.4 dated 03.08.2021 and considering the entire matter, cancelled the said E-Auction notice dated 05.05.2021 and issued the fresh Long E-Auction Notice dated 08.10.2021 and if the petitioner is interested, he may participate in the said process and as such there is no such illegality in cancelling the earlier Long E-Auction Notice dated 05.05.2021 and issuance of fresh E- Auction notice dated 08.10.2021.
Page No.# 5/5 It is to be noted herein that the technical bid of the petitioners was found valid and responsive that is why he along with another bidder Ranjit Dutta were selected, though the later subsequently withdrew his tender. It is also noted that the petitioner remained as the single technically qualified bidder for the settlement of the said sand Mahal of Buridehing/Khamtighat in terms of the Long E-Auction Notice dated 05.05.2021. However, the respondents in their impugned cancellation notice dated 04.08.2021 have not consider regarding the offer to be given to the petitioner in terms of said Clause 8(A) at E-Auction Process, noted above.
Issue notice, returnable by 01.12.2021.
As Mr. K. P. Pathak, learned Standing Counsel, Forest Department, accepts notice, no formal notice need be issued to respondent Nos.1 to 5.
The petitioners shall serve requisite extra copies of this petition along with the annexures appended thereto to Mr. K. P. Pathak, learned Standing Counsel, Forest Department during the course of the day, obtaining necessary acknowledgement from him in that regard.
In the interim, the respondent Forest Department shall not proceed with the Long E-Auction Notice under NIT No.B/GC/18/2021/9402 issued by the Divisional Forest Officer, Dibrugarh Division dated 08.10.2021 pertaining to settlement of Sand Mahal of Buridehing/Khamtighat for the year 2021-28, till the returnable date (i.e. 01.12.2021).
List accordingly.
JUDGE Comparing Assistant