MEDLEY MINERALS INDIA LIMITED Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant calls in question the judgment and order dated 1-8-2003 of the Division Bench of the Orissa High Court, by which a quarry lease granted in favour of the appellant was quashed and cancelled.

(2.) On 11-2-1993 one Jitendra Kumar Lohia was granted quarry lease No. 192 for quarrying of decorative stones in village Gandhargola, Tehsil Titilagarh, District Bolangir, Orissa. The said lease was for a period of 10 years from 11-2-1993 to 10-2-2003. The said Jitendra Kumar Lohia and members of his family formed and incorporated themselves into a company under the Companies Act, 1956, in the name and style of Medley Minerals India Private Limited - the appellant before us. Jitendra Kumar Lohia is one of the Directors of the said company. On 15th October 1998 Jitendra Kumar Lohia applied to the competent authority under the Orissa Minor Mineral Concessions Rules, 1990 (hereinafter referred to as 'the Rules') for transfer of the lease under Rule 12 in favour of the appellant company. This application was not disposed of for a long time.

(3.) Even when his above application was pending before the competent authority on 11th October, 2002 (much prior to 90 days before the expiry of the lease), Jitendra Kumar Lohia applied to the competent authority under Rule 9 of the Rules for renewal of the quarry lease granted in his favour. In the said application for renewal of the quarry lease, it was specifically stated thus: