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2015 Supreme(Ori) 614

D.H.WAGHELA, BISWANATH RATH
MIDEAST INTEGRATED STEEL LTD. – Appellant
Versus
STATE OF ODISHA (DEPT. OF STEEL & MINES) – Respondent


Advocates Appeared:
Mr. Salman Khurshid, Senior Advocate and Mr. Avijit Pal & A. Das, Advocates, for the Petitioners; Mr. S.P. Mishra, Advocate General, for the Opp. Parties

JUDGMENT :

D.H. Waghela, C.J. - This petition by Mideast Integrated Steel Limited ('MISL' for short) is directed against levy of royalty in alleged contravention of Central Government notifications dated 13.8.2009 by the State Government. MISL is engaged in manufacture of steel, pig iron and sponge iron by a plant set up in Odisha. It has obtained mineral concession at Roida-I, Iron Ore Mines spread over 104.68 hectares in village Tanto, Barbil Tahasil in the district of Keonjhar. Even after expiry of the mining lease period on 2.1.2003, the company has applied for second renewal of the mining lease and no final order is stated to have been passed. Hence, by virtue of Rule 24A(6) of the Mineral Concession Rules, 1960, mining lease is deemed to have been extended till final order. The petitioner has obtained approval of Indian Bureau of Mines ('IBM' for short) in respect of scheme of mining, including mines closure plan. The Government of India in the Department of Environment and Forest is stated to have granted final approval under Section 2 of the Forest Conservation Act for diversion of 51.99 hectares of forest land to the company. Thus, in short, MISL is stated to have carried i
























































































































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