S.N.DASMOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present writ petition, the petitioners have prayed for declaring the action of the Mining Officer, Joda Circle, Keonjhar dated 04.06.2008 in directing seizure of 2109.987 M.Ts. of manganese lump ore and 24491.951 M.Ts. of manganese ore fines lying within the leasehold area of the petitioners, on the basis of allegation that the petitioners have illegally raised the said ore from outside their lease hold area and stacked the same within their leasehold area, as illegal and directing the opposite parties to grant transit permit in favour of the petitioners for transportation and movement of the said manganese ore from their site by quashing Annexure -6, Annexures -8 series and 9 series which contain physical stack measurement statement dated 28.05.2008 and seizure list dated 04.06.2008.

(2.) SHORN of unnecessary details, the short fact leading to the present writ petition is that the petitioners were granted manganese ore lease over an area of Ac.90.130 decimals (36.474 hectares) by the State Government at Rudukela Manganese Mines at Rugudi, P.O. Guali, Dist: Keonjhar. The Government of Orissa executed a mining lease in favour of the petitioners as required under Rule 31 of the Minor Minerals Concession Rules, 1960 (hereinafter called "the MMC Rules") on 3rd May, 2002 for the said area for a period of twenty years. The lease land was demarcated as per Rule 33 of the MMC Rules after deposit of the required fees as revealed from Annexure -4. Mining operation started on the leasehold area since 2002. Resolution No.9926 dated 17.10.1989 of the Government of Orissa, Department of Mining and Geology, contains the function and duties of the Senior Inspector of Mines to be observed prior to issuance of transit permit at all times. The first transit permit for transit and dispatch of manganese lump ore was granted on 17.01.2003. Subsequent thereto, transit permits were also granted by opposite party No.3 till 12.04.2008. The lessee has been permitted from time to time to operate and lift the materials after verification and inspection by the field staff of opposite parties. On 05.05.2008 and 12.05.2008, the petitioners made application for fresh transit permit and re -permission. During pendency of the said transit permit application, on 28.05.2008 opposite party No.3 and its field staff entered the mines of the lessee and conducted a physical verification of the stacked lump ore. Thereafter, the Mining officer, Joda Circle, seized 2109.987 M.Ts. of manganese lump ore and 24491.951 M.Ts. of manganese fines on 04.06.2008 alleging that the same were illegally raised from outside the leasehold area of the petitioners and stacked within their leasehold area. Subsequent thereto show cause notices under Annexure -8 series and 9 series were issued to the petitioners containing physical stack measurement statement dated 28.05.2008 and seizure list dated 04.06.2008. Hence this writ petition.

(3.) MR . Nayak, learned Senior Counsel appearing on behalf of opposite party Nos.1 to 3, submitted that pursuant to the direction of this Court, two Joint Directors of Mines and a Senior Surveyor inspected the leasehold area and submitted their report on 17.09.2008. As per the said report, most of the JM pits are outside the leasehold area. Referring to Annexures -C,D,E,F,G,H and I to the counter affidavit dated 11.07.2008 it was submitted that the petitioners were carrying out mining operation outside the leasehold area. Relying on the monthly returns filed for the months of February and March, 2008 and the application for mineral transit permit and chemical analysis report, transit permit for lessee, etc. enclosed to Annexure -H/1 series, he argued that manganese ore fines have been produced from 'J pit. Similarly, referring to Annexure -H/2 series, he argued that manganese ore has been despatched from 'JM pit and not fines. Thus, it was argued that in view of the above, the report dated 17.09.2008 submitted by the inspecting officers was not a correct one. It is further contended that Annexures -H/1 series and H/2 series to additional affidavit dated 29.10.2008 are the documents on record. Mr. Nayak also submitted that mining operation undertaken by the petitioners is quite haphazard and outside the mining lease surface right area. The seizure list dated 04.06.2008 has not been challenged. Originally, there were pillars and the same were shifted unauthorizedly to places beyond the leasehold area for which it is stated in the report that the leasehold area is required to be surrounded by boundary pillars after fixation of the reference point. The area granted under surface right on lease is also required to be demarcated by erection of pillars.