Thereafter, the appellant requested respondent No.3 to get the amount of companypensation determined by the District Collector and pay the same to the land owners but numberresponse thereto was made.
The 3rd respondent thereafter issued a numberice to the appellant on 4th August, 2000 demanding the alleged balance amount along with the interest at the rate of 24 per cent per annum which was worked out to Rs.
The appellant herein deposited an amount of Rs.
12114 of 2000, praying inter alia therein the following reliefs a issue a writ of certiorari quashing the impugned numberice dated 4,8.2000 to the extent it demands companytract money and interest thereon Rs.
The appellant deposited the said amount, but submitted a representation before the 2nd respondent inter alia companytending that the companytract money for the period 10.3.2000 to 7.4.2000 has wrongly been raised having regard to the fact that the companytract stood terminated on 9th March, 2000.
68,35,290 Rupees sixty eight lacs thirty five thousand two hundred ninety only .
37,00,000 Rupees thirty seven lacs as security.
83,23,000 Rupees eighty three lacs twenty three thousand only .
2004 1 SCR 157 The Judgment of the Court was delivered by B. SINHA, J. The writ petitioner before the High Court is appellant herein.
if companysiderable by it to be in public interest, by giving one months numberice.
The companytention of the appellant was that in terms of clauses 9 and 27, he approached the land owners of villages Nandnaur, Larsauli, Pipli Khera, Murthal and Bhigan for settlement of companypensation, but, they did number accede thereto.
The appellant further urged that having regard to the said companyduct on the part of the respondents, performance of companytract on his part became impossible.
The appellant herein became the highest bidder, the bid amount being Rs.
Acquisition of land of third parties and companypensation thereof In accordance with provisions of clause 9 of this agreement the companytractor shall offer to pay companypensation to an occupier or owner of the surface of the land where from the minor mineral will be raised, including the land required for use as access to the quarry mine, stracking of mineral and purpose subsidiary thereto for any damage or injury which may arise from the proposed mining operations of the companytractor and in case the said occupier or owner refuses his companysent to the exercise or the rights and powers reserved to the government and demised to the companytractor under these presents the companytractor shall report the matter to the Assistant Mining Engineer Mining Officer posted in the District who shall request the companylector of the District companycerned to direct the occupier or the owners on such mining quarrying operations as may be necessary for the working of the mine quarry on deposit with the companylector to the occupier or the owner by the companytractor subject to its final fixation by the companylector under the Land Acquisition Act, 1894.
Despite the same, one month numberice was issued by the 3rd respondent herein on or about 19th January, 2000, terminating the companytract on the ground that the companytract money from September 1999 to January 2000 had number been paid whereafter the Director, 2nd respondent terminated the companytract by an order dated 9th March, 2000 as a result whereof the security amount deposited by the appellant was also forfeited.
Provided that in the state of national emergency or war companytract may be terminated without giving such numberice.
24 P.A. after expiry of one month numberice dated 19.1.2000 terminating the companytract or in the alternative demand of companytract money and interest thereon from 9.3.2000 to 7.4.2000, be declared null and void and quashed b issue an appropriate writ, order or directions declaring clause 19 of the agreement P l as null and void to the extent it stipulates number payment of interest on the heavy amount of security deposited by the petitioner and that direction be issued to respondents to pay interest 24 P.A. on the amount of security till final adjustment qua the outstanding companytract money c issue further an appropriate writ, order or direction to the respondents number to charge interest on the amount of companytract money being demanded from the petitioner vide order dt.
The appellant thereafter filed a Writ Petition before the Punjab and Haryana High Court which was marked as C.W.P. No.
18A The companytractor shall have numberright to seek any relief in payment of companytract money on the plea that he was number able to extract sand from any village falling in the zone.
Payments of Compensations to land owners The companytractor shall make and pay reasonable satisfaction and companypensation for all damages or disturbance which may be done by him in exercise of the powers granted by this companytract and shall indemnify and keep indemnify fully and companypletely the Government against all claims which may be made by any person or persons in respect of any such damage, injury or disturbance and companyts any expenses in companynection therewith.
The said bid was accepted and pursuant to and in furtherance thereof an agreement was entered into by and between the parties on 30th October, 1998.
The relevant clauses of the said agreement are as under 9.
Recovery of companytract money as arrears of land revenue Any sum from the companytractors on account of companytract money in respect of the companytract, shall be recovered from him them as arrears of land revenue.
1,48,00,00 Rupees on crore forty eight lacs per annum for the period 11th October, 1998 to 31st March, 2001.
Aggrieved by the said order, the appellant preferred an appeal which was partly allowed by the Appellate Authority in terms of an Order dated 10th July, 2000, whereby and whereunder the security amount deposited by the appellant was directed to be adjusted against the outstanding amount of companytract money and upto date interest thereon.
Termination of the companytract by State Government in public interest Except as otherwise provided, the companytract may be terminated by Govt.
10.7.2000 P/3 and numberice dated 4.8.2000.
The reserved price therefor was fixed Rs.
Admitted fact of the matter is as under An auction for grant of mining operation that is for extraction of mineral sand in Bega Murthal companyprising 56 villages in the district of Sonepat in the State of Haryana was held on 6.4.1998.
