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2016 Supreme(Ori) 941
IN THE HIGH COURT OF ORISSA : CUTTACK
VINEET SARAN AND B.R. SARANGI, JJ.
State of Odisha - Petitioner
Versus
Government of India & another – Opp. Parties
W.P.(C) No. 2954 of 2016
Decided On : 19-12-2016
For the Petitioner: Mr. R.K .Mohapatra
For the Opp. Parties : M/s. P. Mishra and S.K. Padhi, M/s. Naveen Kumar, R.K. Mohanta, R.R. Mohapatra, Mr. D.K. Sahoo-1
Headnote:1. MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 - Sec. 30 - Mineral Concession Rules, 1960 - Rule 31 - Revocation of grant order and refusal to grant lease by State Government - Revision allowed by Central Government - Writ - The power of “Revision” is limited to the Act of examining again in order to remove any defect or grant relief against the irregular or improper exercise or non-exercise of jurisdiction by the Sub-ordinate authority or the lower Court, as the case may be - In a revision the revising authority is not bound to examine the facts for itself but is entitled to give its decision on points of law alone - In a revision the person seeking revision has more restricted rights - Revisional Authority, having limited jurisdiction, in exercise of such power, could not have interfered with the order so passed by the State Government - Revisional Authority is not discharging the jurisdiction of an Appellate Authority - Held, within the limited compass of its jurisdiction, in the facts of the case, revisional authority ought not to have interfered with the order passed by the State Government.
2. MINERAL CONCESSION RULES, 1960 - Rule 25-A - Where an applicant for grant or renewal of mining lease dies before the order granting him mining lease, the application for grant of mining lease shall be deemed to have been made by his legal representatives - Question of the power of attorney acting on behalf of the grantee as legal representative would arise only when intimation of the death of the grantee is given to the State Government - Without such intimation having been given, it would be presumed that the power of attorney continued to act as power of attorney on behalf of a deceased person - A power of attorney can act on behalf of a living person, be it a natural person or juristic person - Once a person, who has given power of attorney is not more there, the question of power of attorney continuing to act on behalf of such deceased person, would not arise - Details stated.
JUDGMENT :
VINEET SARAN, J.
Dharam Chand Jain, husband of opp. party no.2-Smt. Sobha Jain, had on 15.06.1970 applied for grant of mining lease for iron and manganese ores over an area of 1277.50 acres in Sidhamath Reserve Forest of Keonjhar district. On 05.06.1984, an order for granting mining lease over an area of 637 acres was issued in favour of the applicant-Dharam Chand Jain for a period of twenty years subject to the mining lease deed being executed within a period of six months of the order or within such further period as the State Government may allow, as provided under Rule 31(1) of the Mineral Concession Rules, 1960.
2. Without going into further details, we may mention on 12.05.1989, the applicant himself gave a proposal to reduce the grant area to 70.39 acres. While the matter remained pending, on 25.03.1995, the Collector, Keonjhar demarcated an area of 72.70 acres to be granted for lease in favour of the applicant, instead of 70.30 acres, and recommended to allow execution of the mining lease deed, subject to approval under the Forest (Conservation) Act, 1980 and the Mineral Rules, 1960. Then on 30.05.1995, the power of attorney of the applicant submitted a draft mining plan. In response thereto, on 20.06.1995, notice under Rule 26(3) of the M.C. Rules, 1960 was issued to the applicant to comply with the deficiency latest by 30.07.1995. Then on 06.05.1997, Avin Jain, the power of attorney holder of the allottee-Dharam Chand Jain was requested to take all possible steps to obtain the approval of the Government of India within three months. On 26.09.1997, the allottee-Dharam Chand Jain was given reminder, as a last chance, to obtain prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980, failing which action to revoke the grant order dated 05.06.1984 would be initiated.
3. In the meanwhile, on 09.12.1995, the applicant-Dharam Chand Jain had expired, but the power of attorney continued to negotiate and correspond with the authority even after the death of the applicant. It was only on 25.06.2009, which was after 14 years of the death of Dharam Chand Jain and 12 years after the communication dated 26.09.1997, that the power of attorney of the applicant intimated the State Government about processing of the application for prior approval of the Central Government and also about the death of the allottee-Dharam Chand Jain on 09.12.1995. In the meantime, it was on 12.09.2006 that a probate was granted in favour of opp. party no.2-Smt. Sobha Jain-widow of late Dharam Chand Jain. Then a power of attorney is said to have been issued on 19.10.2006 by opp. party no.2 in favour her son Avin Jain. The said Avin Jain as power of attorney of opp. party no.2 requested for further time for completing the formalities and certain communications were also received by him from the Ministry of Forest & Environment, Government of Odisha. On 22.01.2010, the Addl. Secretary, Department of Steel & Mines, Government of Odisha, wrote to the Conservator of Forests that, after the demise of the grantee on 09.12.1995, there was no substitution in favour of any legal heir, as nobody had applied for the same, and that the grant of mining lease which was ordered on 05.06.1984 was not executed till that date, as the grantee had not furnished the statutory clearances as were required under the provisions of law. However, the Ministry of Forest & Environment, Government of Odisha, continued with the process and completed the formalities during pendency of this writ petition. On 13.01.2012, a notice was issued to the power of attorney holder of legal heir of the grantee by the Mines Department to show cause as to why the grant order be not revoked for non-execution of the mining lease deed within the stipulated period of six months, as provided under Rule 31(1) of the Minor Mineral Concession Rules, 1960.
4. The Deputy Director of Mines, Keonjhar then wrote to the Director of Mines, Odisha on 03.04.2012 that the gr
