STATE OF ODISHA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Dharam Chand Jain, husband of opp. party no.2-Smt. Sobha Jain, had on 15.06.1970 applied for grant of mining lease for iron and manganese ores over an area of 1277.50 acres in Sidhamath Reserve Forest of Keonjhar district. On 05.06.1984, an order for granting mining lease over an area of 637 acres was issued in favour of the applicant-Dharam Chand Jain for a period of twenty years subject to the mining lease deed being executed within a period of six months of the order or within such further period as the State Government may allow, as provided under Rule 31(1) of the Mineral Concession Rules, 1960.

(2.) Without going into further details, we may mention on 12.05.1989, the applicant himself gave a proposal to reduce the grant area to 70.39 acres. While the matter remained pending, on 25.03.1995, the Collector, Keonjhar demarcated an area of 72.70 acres to be granted for lease in favour of the applicant, instead of 70.30 acres, and recommended to allow execution of the mining lease deed, subject to approval under the Forest (Conservation) Act, 1980 and the Mineral Rules, 1960. Then on 30.05.1995, the power of attorney of the applicant submitted a draft mining plan. In response thereto, on 20.06.1995, notice under Rule 26(3) of the M.C. Rules, 1960 was issued to the applicant to comply with the deficiency latest by 30.07.1995. Then on 06.05.1997, Avin Jain, the power of attorney holder of the allottee-Dharam Chand Jain was requested to take all possible steps to obtain the approval of the Government of India within three months. On 26.09.1997, the allottee-Dharam Chand Jain was given reminder, as a last chance, to obtain prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980, failing which action to revoke the grant order dated 05.06.1984 would be initiated.

(3.) In the meanwhile, on 09.12.1995, the applicant-Dharam Chand Jain had expired, but the power of attorney continued to negotiate and correspond with the authority even after the death of the applicant. It was only on 25.06.2009, which was after 14 years of the death of Dharam Chand Jain and 12 years after the communication dated 26.09.1997, that the power of attorney of the applicant intimated the State Government about processing of the application for prior approval of the Central Government and also about the death of the allottee-Dharam Chand Jain on 09.12.1995. In the meantime, it was on 12.09.2006 that a probate was granted in favour of opp. party no.2-Smt. Sobha Jain-widow of late Dharam Chand Jain. Then a power of attorney is said to have been issued on 19.10.2006 by opp. party no.2 in favour her son Avin Jain. The said Avin Jain as power of attorney of opp. party no.2 requested for further time for completing the formalities and certain communications were also received by him from the Ministry of Forest and Environment, Government of Odisha. On 22.01.2010, the Addl. Secretary, Department of Steel and Mines, Government of Odisha, wrote to the Conservator of Forests that, after the demise of the grantee on 09.12.1995, there was no substitution in favour of any legal heir, as nobody had applied for the same, and that the grant of mining lease which was ordered on 05.06.1984 was not executed till that date, as the grantee had not furnished the statutory clearances as were required under the provisions of law. However, the Ministry of Forest and Environment, Government of Odisha, continued with the process and completed the formalities during pendency of this writ petition. On 13.01.2012, a notice was issued to the power of attorney holder of legal heir of the grantee by the Mines Department to show cause as to why the grant order be not revoked for non-execution of the mining lease deed within the stipulated period of six months, as provided under Rule 31(1) of the Minor Mineral Concession Rules, 1960.