TBA Infra Structure Pvt. Ltd And Others vs Union Territory Of Jammu And Kashmir And Others

Sanjeev Kumar, J

By this petition, the petitioners are seeking review of the judgment/order dated 11.06.2020 passed by this Court in WP(C) No. 1019/2020 titled "M/S TBA Infra Structure Pvt. Ltd and others vs. Union Territory of Jammu and Kashmir and others".

The review of the judgment (supra) has been sought primarily on the ground that this Court while disposing of WP(C) No. 1019/2020 had directed the Deputy Commissioners of different districts of Union Territory of Jammu and Kashmir to take note of the communication of the Director, Geology and Mining Department dated 06.06.2020 and fix the sale rates of raw/crushed minerals within a period of one month which period granted is more than that is required for doing the needful by the Deputy Commissioners concerned.

Mr.Bhardwaj, learned senior counsel appearing for the review petitioners submits that 10 days have already gone, but the Deputy Commissioners concerned have not even initiated the process for fixation of rates and the apprehension of the petitioners is that they will not do so in near future which would enable the mining lessees to sell their products at exorbitant rates unilaterally fixed by them.

The grievance projected by the petitioners is that instead of four weeks, a shorter period should have been granted by this Court and, therefore, this Court committed an error apparent on the face of record.

Having heard learned counsel for the review petitioner and perused the record, I am of the view that no case has been made out for review of the judgment (supra).

The grievance of the petitioners as projected in the writ petition has been properly addressed and in the background of facts narrated in the writ petition and the submissions urged, the Deputy Commissioners were directed to fix the sale rates of raw/crushed minerals within a period of four weeks. The order/judgment under review was passed on 11.06.2020. Ten days have already gone. The Deputy Commissioners are expected to comply with the judgment(supra) and notify the rates within 20 days hereinafter. The period of four weeks granted to the Deputy Commissioners concerned to conduct the exercise and fix the rates, by no stretch of reasoning, can be said to be excessive and in any manner detrimental to the rights of the petitioners.

E-auction process is stated to be going on and it is most likely to take more than four weeks to finalize the same and then comes the environmental clearance and other requisite formalities.

This Court is sure that the exercise as directed by this Court vide its order dated 11.06.2020 would be carried out by the Deputy Commissioners concerned within the period stipulated.

The apprehension voiced by the petitioners in this review petitioner cannot be a ground for review of the judgment (supra) which otherwise does not suffer from any error apparent on the face of record.

This review petition is found to be without merit and is, accordingly, dismissed.