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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
Omega Enterprises – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. foundation of levy challenged as illegal. (Para 1 , 2) |
| 2. arguments against maintainability of writ petition. (Para 3 , 4 , 5) |
| 3. judicial discretion regarding statutory remedies discussed. (Para 6 , 7 , 8) |
| 4. rules applicability to government organizations clarified. (Para 9 , 10 , 11) |
| 5. demands quashed as beyond statutory powers. (Para 12) |
| 6. writ petition disposed of with no costs. (Para 13) |
JUDGMENT :
HARISH TANDON, CJ.
1. The petitioner has challenged the several demand notices issued by the authorities claiming the additional charges in respect of Sarandamal Stone Quarry solely on the ground that the foundation of the levy of the additional charges taking shelter under Rule 39 of the Odisha Minor Mineral Concession Rules, 2016 (for short, “the OMMC Rules”) is per se illegal.
2. Undisputedly, on the basis of an application of the petitioner, the lease of the said Sarandamal Stone Quarry under Lakhanpur Tahasil was executed in favour of the petitioner for a period of five years from the year 2018 to 2023. The petitioner observed all the formalities and the paraphernalia, required in execution of the lease deed to operationalize the Stone Quarry, including the payment
The imposition of additional charges under the Odisha Minor Mineral Concession Rules is restricted to government organizations, rendering demands against private lessees illegal.
The court held the authority's demand for additional charges under Rule 39 was illegal as it applies only to government organizations, ruling that extension of such provisions to private leaseholders....
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
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