Case Law Details
B.S.C.P.L Infrastructure Ltd. Vs State of Bihar (Patna High Court)
Patna High Court held that direction of Collector for prohibition on removal of broken stone chips before expiry of extended period unjustifiable in law. Accordingly, authorities directed to allow petitioner company to lift entire amount of broken stone material.
Facts- Mines and Geology Department, Govt. of Bihar was pleased to allocate 2 blocks through Award tender cum-Auction process to complete the Road Projects awarded by the State Government & Central Government under Bihar State Road Development Corporation Ltd. (BSRDCL), National Highway Authority of India (NHAI) and Ministry of Road Transport & Highway (MoRT&H).
During the COVID-19 pandemic lockdown/ restriction, the lease period of the petitioner expired on 30.12.2020 and then on 02.06.2021 an inspection was done by Assistant Director, to ascertain the quantities of the broken material existing at the site till the last date of expiry of the lease period in which it was found that 13, 45,400.00 CFT of broken stones were present on the Mining Site and vide Memo issued by Assistant Director, the petitioner company was allocated a period of 04.06.2021 to 03.12.2021 for removal of broken stone chips and machines and materials.
However, before completion of the said period, the petitioner company was allowed to remove all machinery, infrastructure within six months but did not allow to remove broken chips boulder. Thereafter even before the completion of the period granted, directed the Collector, Nawada regarding forfeiture of property left on the mining site for more than six months after determination of lease.
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