Disposed

Sahabul Islam, v. the State of Assam and 11 Ors.

Gauhati HC9 May 2023I.A.(Civil)/1176/2023

Case brief

AI extract

What is this about?

In this interlocutory application, the petitioner sought permission to bid in an e-auction for a new river sand mahal. The court allowed participation in the tender process pending the final resolution of a related writ petition and clarification on statutory compliance.

What did the court decide?

The application to participate in the tender for Domoni River Sand Mahal No. 1 is allowed.

Sahabul Islam, Vs the State of Assam and 11 Ors. — Property and Title | Gauhati HC (2023)

¶1

Page No.# 1/5

¶2

GAHC010095022023

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : I.A.(Civil)/1176/2023

¶5

SAHABUL ISLAM, SON OF LATE SFIYAR RAHMAN, R/O- PACHIM MATIA, P.S. MATIA, PIN- 783125, DISTRICT- GOALPARA, ASSAM.

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 11 ORS REPRESENTED THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, FOREST AND ENVIRONMENT DEPARTMENT, SACHIVALAYA, DISPUR, GUWAHATI- 781006.

¶8

2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI- 781037.

¶9

3:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (T) LOWER ASSAM ZONE BASISTHA GUWAHATI- 781029.

¶10

4:THE CHIEF CONSERVATOR OF FORESTS (T) CENTRAL ASSAM CIRCLE GUWAHATI- 781029.

¶11

5:THE DIVISIONAL FOREST OFFICER (T) GOALPARA DIVISION GOALPARA DISTRICT- GOALPARA.

¶12

Page No.# 2/5

¶13

6:THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY ASSAM REPRESENTED THROUGH THE MEMBER SECRETARY-CUM-SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI- 781006.

¶14

7:THE UNION OF INDIA REPRESENTED THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI- 110003.

¶15

8:TAPAN CHANDRA DAIMARY S/O- SHAILENDRA DAIMARY P.O. AND P.S. DUDHNOI DISTRICT- GOALPARA PIN- 783124.

¶16

9:DEEPJYOTI BARUAH R/O- DAMRA PATPARA VILLAGE P.O.- DAMRA DUDHNOI REVENUE CIRCLE DISTRICT- GOALPARA PIN- 783122.

¶17

10:BIDYAN RAJBANGSHI R/O- DAMRA PATPARA VILLAGE P.O. DAMRA DUDHNOI REVENUE CIRCLE DISTRICT- GOALPARA PIN- 783122.

¶18

11:JAGANNATH NATH R/O- GAJIAJANI VILLAGE P.O.- MORNOI P.S.- MORNOI DISTRICT- GOALPARA PIN- 783101.

¶19

12:GIRISH NATH R/O- DAHIKATA VILLAGE P.O.- DAHIKATA P.S. MATIA

¶20

Page No.# 3/5

¶21

DISTRICT GOALPARA PIN- 783101

¶22

Advocate for the Petitioner : MR. J M GOGOI

¶23

Advocate for the Respondent : SC, FOREST

¶24

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

¶25

ORDER

¶26

Date : 09-05-2023

¶27

Heard Mr. BD Goswami, learned counsel for the applicant/petitioner. Also heard Mr. RR Gogoi, learned Standing Counsel, Forest Department.

¶28

The prayer of the applicant/petitioner is to allow him to participate in the short e-auction notice dated 12.04.2023 pertaining to the Domoni River Sand Mahal No. 1. The applicant’s counsel submits that the applicant/petitioner is presently having settlement of the Dudhnoi River Sand Mahal No.3(B). Though the applicant/petitioner had given the first kist money with regard to the Dudhnoi River Sand Mahal No.3(B) on October 2022, the applicant/petitioner has not paid the 2^nd kist money, which was due in January, 2023 and thereafter.

¶29

The applicant’s counsel submits that due to scarcity of sand in his Mahal, the applicant/petitioner had submitted letter dated 10.12.2022 to the respondent No. 2 to allow the applicant/petitioner to withdraw from the settlement of the Dudhnoi River Sand Mahal No.3(B). The applicant’s counsel had also submitted a subsequent letter dated 04.01.2023 to the respondent No. 5 stating that as there was no sand left in the Mahal, he should be allowed to extract sand by extending the area of the Mahal for a distance of 15 kms. The

¶30

Page No.# 4/5

¶31

applicant’s counsel submits that the two representations/letters submitted by the applicant/petitioner to the State respondents have not been decided till date, inasmuch as, no communication has been given or addressed to the applicant/petitioner with regard to the above two representations/letters.

¶32

The applicant’s counsel submits that the applicant/petitioner has prayed for allowing him to participate in the online auction/tender process of the Domoni River Sand Mahal No. 1. However, in view of the fact that the State respondents have not taken any decision on the petitioner’s two representations/letters and keeping in view that the applicant/petitioner has not paid the 2^nd and 3^rd kist of Dudhnoi River Sand Mahal No.3(B) till date, the applicant/petitioner apprehends that his offer/bid may not be accepted on the ground of non-payment of kist money.

¶33

Mr. RR Gogoi, learned Standing Counsel, Forest Department submits that no agreement has been signed with the applicant/petitioner till today with regard to the extraction of sand from the Dudhnoi River Sand Mahal No.3(B) in terms of the Assam Minor Mineral Concession Rules, 2013.

¶34

On considering the fact that no decision has been communicated to the applicant/petitioner with regard to his two representations/letters, for withdrawing from the settlement of the sand mahal or for granting an extended area for continuing with the extraction of sand, this Court is of the view that the applicant/petitioner should be allowed to participate in the tender process for extraction of sand from the Domoni River Sand Mahal No. 1. The selection of the applicant/petitioner with regard to the above tender process shall be subject to the final decision to be taken in WP(C) No. 214/2023.

¶35

Mr. RR Gogoi, learned Standing Counsel, Forest Department shall

¶36

Page No.# 5/5

¶37

communicate the contents of this order to the DFO, Goalpara.

¶38

Interlocutory application stands disposed of accordingly.

¶39

JUDGE

¶40

Comparing Assistant

Sahabul Islam, v. the State of Assam and 11 Ors.

Case brief

What is this about?

What did the court decide?

Sahabul Islam, v. the State of Assam and 11 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Firoz Hussain Vs the State of Assam and 4 Ors.

Manik Ch Nath and 7 Ors. Vs the State of Assam and 6 Ors.

Chandra Kumar Chakma and Anr. Vs the State of Assam and 33 Ors.

Fatema Khatun and Anr. Vs the State of Assam and 3 Ors.

Mahanta Barman, Vs the Union of India and 5 Ors.

Nabajyoti Baruah Vs the State of Assam and 5 Ors.