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2017 Supreme(Ori) 139

VINEET SARAN, B.R.SARANGI
Essel Mining & Industries Ltd. – Appellant
Versus
State of Odisha – Respondent


Advocate Appeared:
For the Appellant :Gopal Jain, Sr. Counsel, G. Subramaniyam, Alok Sankar, A. Sethy and R.R. Swain, Advocates
For the Respondents:B.P. Pradhan, Additional Government Advocate

JUDGMENT

Vineet Saran, J.

1. An original mining lease for extraction of iron ore was granted on 14.09.1955 for a period of 30 years over an area of 297.444 hectares. Prior to one year of expiry of the lease period, i.e., on 25.07.1984, an application for first renewal of lease for a further period of 20 years was made, which was for a reduced compact area of 194.196 hectares. Thereafter, an application for second renewal was made by the petitioner on 02.09.2004, which was also for a further period of 20 years, over an area of 194.196 hectares. The relevant paragraph 2(viii)(b) of the application (Annexure-26 series) giving details of previous renewal granted, is extracted below:

"Original lease was granted over an area of 735 Acres or 297.444 hectares w.e.f. from 14.09.1955 for 30 years. Subsequent application for 1st renewal was submitted for 20 years over an area of 479.860 Acres or 194.196 Hectares. Renewal is not been granted yet."

2. The said application of the petitioner for second renewal was forwarded by the Deputy Director of Mines, Joda to the Collector, Keonjhar on 17.08.2006. In turn, the Collector, Keonjhar forwarded the said application to the Director of Mines, Odisha on





















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