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2024 Supreme(Ori) 43

CHAKRADHARI SHARAN SINGH, D. DASH
JDL Lime Stone And Dolomite Mines – Appellant
Versus
State of Odisha – Respondent


Advocates:
Mr. Pitambar Acharya, Sr. Advocate and Mr. S.S. Tripathy, Advocate, for the Petitioners; Mr. Ashok Ku. Parija, Advocate General Mr. P.P. Mohanty, Addl. Govt. Advocate, for the Opposite Parties

JUDGMENT

Chakradhari Sharan Singh, C.J.

A mining lease was executed on 21.02.1974 by the Collector, Sundargarh on behalf of the State of Orissa in favour of the late Ram Avatar Jalan, in accordance with the Mines and Minerals Concessions Rules, 1960 in respect of the land having description in Part-I of the schedule to the said lease of limestone and dolomite ore over an area of 573.0536 hectares in village Dharuara, Lanjiberna, Kukuda, Bihabandh and Falsakani under Sadar Sub-Division of Sundargarh Districts for 20 years i.e. upto 20.02.1994. After expiry of the validity period of said lease deed, the lessee continued with mining operation under the deemed extension provision of Section 8 of the Mines and Minerals (Development and Regulation) Act, 1957 (in short, 'MMDR Act'), admittedly, with the permission of the competent authority under the State, in terms of an interim order of this Court dated 11.02.2015 passed in Miscellaneous Case No. 18700 of 2014 arising out of W.P.(C) No. 21203 of 2014.

2. The petitioner No.2 in the present proceeding is the son and thus legal heir of the late Ram Avatar Jalan. Certain amendments came to be introduced in the MMDR Act by Mines and Minerals (D

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