COMMON CAUSE Vs. UNION OF INDIA

JUDGEMENT

(1.) These applications praying respectively for: (i) intervention in the main matter; and (ii) direction to the State to permit the applicant to sell off the undisposed stock and for issuance of transfer permits for the removal of ore from the leasehold areas, are taken out by a person claiming to be the legal heir and power of attorney agent of the deceased mining leaseholder.

(2.) Heard the learned counsel for the applicant, the learned counsel for the State of Odisha, the learned Amicus Curiae and the learned Counsel for the writ petitioner.

(3.) The claim of the applicant is that one Mr. Suresh Chandra Padhee was the mining leaseholder in respect of Banspani Iron Ore and Manganese Mines and the Gurubeda Iron Ore Mines and that in terms of the amended Section 8A(6) of the MMDR Act, 1957, the lease stood extended till 31.03.2020. It is further claimed by the applicant that pursuant to the directions issued by this Court on 02.08.2017 in Writ Petition (C) No. 114 of 2014, a demand notice dated 02.09.2017 has been issued by the Government demanding an amount of Rs. 1,20,22,711/-towards compensation for the excess production. This was in respect of Banspani Iron Ore. In respect of Gurubeda Iron Ore Mines, a separate demand notice demanding a sum of Rs.27,71,73,835/-was issued.