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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, ANANDA CHANDRA BEHERA
Balaji Traders – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks permission for sand quarry operation. (Para 1 , 2) |
| 2. arguments regarding the legal status of the quarry operation. (Para 3 , 4 , 5 , 6) |
| 3. court directs operation of the sand quarry. (Para 7 , 8 , 9) |
| 4. petitioner permitted to operate sand quarry forthwith. (Para 10 , 11) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to the Deputy Director of Mines-cum-Controlling Authority, Jajpur- Opposite Party No.6 to allow him to operate the sand quarry, namely, Bhagatpur Sand Sairat Source (for brevity the ‘Sand Quarry’) and also to direct the Opposite Party Nos.6 and 7 to extend the lease period in proportion of pendency of litigation before this Court.
3. Mr. Jena, learned counsel for the Petitioner submits that the Petitioner, being the highest bidder, was allowed to operate the Sand Quarry by executing the lease agreement on 4th August, 2020 and depositing the royalty of Rs.41,37,319/- for the first year. After operating only for two days, the Tahasildar, Rasulpur-Opposite Party No.5, who was then the Competent Authority, directed him to stop the quarry operation. It is his submission that
The court ruled that administrative delays should not impede a valid leaseholder's right to operate, allowing the petitioner to continue quarry operations until lease expiration.
Quarry leases under TN Mines Rules cannot be extended post-expiry on any ground including non-operative periods.
Authority in mining matters transitioned from Tahasildar to Mining Officer under amended Rules, quashing unlawful orders.
Environmental clearance certificates are valid throughout the mining lease period, including non-operative periods due to external factors, and do not require renewal.
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