RAMESH CHANDRA MOHARANA Vs. ORISSA MINING CORPORATION LTD., REPRESENTED THROUGH ITS MANAGING DIRECTOR AND ORS.

JUDGEMENT

(1.) THE Petitioner in thi B.P. Das writ application challenges the action of opp. parties on the allegation that they are not permitting the Petitioner to lift the balance quantity of over burden dumps as per the terms and conditions of the contract in pursuance of which work order has been issued with a prayer to direct the opp. parties to extend the period of lifting of over burden iron ore dumps.

(2.) THE facts as delineated in the writ application tend to reveal that the Petitioner is a successful bidder for procurement of certain quantities of over burden dumps in pursuance of the tender for purchase of iron ore dumps available at Barapada -Kasia Iron Ore Mines under Orissa Mining Corporation Ltd. (in short, "OMC"). According to the Petitioner, he was allowed to lift a total quantity of 1,97,000 MT over burden dumps from the quarry dump within the period stipulated in Annexure -2 of various different quantities. The Petitioner further submits that due to certain anomaly actions of the opp. Parties, even though the Petitioner has deposited the cost of 20,000 MT in advance and made a representation seeking rectification, of the same from opp. party No. 2, he (opp. party No. 2), took 7 months to rectify the same vide letter dated 3.12.2004, Annexure -3 and allowed to lift the same in a phased manner i.e. 20,000 MT at the minimum. It is pertinent to mention here that the Petitioner has to deposit the full amount as advance for each phase and he has to lift the over burden dumps from the allotted dumps and the period was extended to 25th April, 2005. The Petitioner further sought for extension of time and as no further favourable order was passed by the opp. parties, the Petitioner approached this Court in W.P. (C) No. 10337 of 2005, which was disposed of on 5.9.2005 with a direction to opp. party No. 1 to dispose of the representation of the Petitioner dated 17.6.2005. Ultimately, after communication of the aforesaid order to opp. party, time was extended for lifting the materials. Thereafter, the Petitioner continuously lifted the dumps in accordance with the terms and conditions and period of time for lifting the dumps was extended on regular intervals and for the last time by order dated 20.6.2006 the time for lifting the over burden dumps was extended up to 31.3.2007. While the Petitioner, as per extension order, was lifting the over burden dumps, opp. party No. 4 stalled the lifting permission on all a sudden, against which the Petitioner filed a representation to opp. Party No. 3 on 30.11.2006 for clarification regarding lifting permission and since no reply was received by him, he made another, representation on 8.12.2006 to O.P. No. 4, since near about 1,10,000 MT. over burden dumps were left to be lifted as per the work order. Since no remedy was available to the Petitioner on his representation, he approached this Court in W.P.(C) No. 3385 of 2007 which was disposed of on 18.5.2007 with a direction to the appropriate authority to dispose of the representation of the Petitioner dated 8.12.2006. Thereafter, the O.M.C. issued work order in favour of the Petitioner, but did not pay any heed to the representation of the Petitioner to extend time limit for lifting the balance quantity of over burden dumps allotted in his favour. Ultimately, the representation of the Petitioner to extend the time for lifting the over burden dumps, which was in subsistence in the work order, was rejected, for which the present writ application has been filed to quash Annexures - 9 & 11, which are the order of refusal for lifting the balance over burden dumps and order of rejection of his prayer made in the representations respectively.

(3.) IN the counter affidavit filed by the O.M.C. they have taken a stand that the writ application is not maintainable, as the period of contract stipulated in the sale order, has already expired and the Petitioner cannot claim any right for extension of time after availing four extensions. Rightly, there were several extensions given to the Petitioner to lift the over burden dumps. But, according to the Petitioner, it is due to certain act of omission and commission on the part of the O.M.C., the Petitioner could not be able to lift the over burden dumps from the leased out area. More so, an affidavit has been filed before this Court on 26.2.2009 taking a stand that O.M.C. has not yet decided to settle the balance quantity of iron ore or plan to settle the same with any third person. The aforesaid affidavit was in pursuance of our order dated 12.2.2009, wherein on the submission of learned Counsel for the Petitioner that O.M.C. is going to give work order to a third party, we have directed the State Counsel as well as learned Counsel for the O.M.C. to take instruction in the matter as to if a third party would be given to lift the balance quantity of over burden dumps then why the Petitioner shall not be given such a chance for lifting the balance quantity of over burden iron ore dumps subject to his depositing the amount so required by the O.M.C. In view of such affidavit, when the O.M.C. does not want to settle the balance quantity of iron ore with any third party and when there is a clear affidavit of the Mining Officer that the over burden/waste material cannot be disposed of to any person but the same can only be used either for reclamation of the mining outlet or to be properly, secured inside the lease hold area, if not used. On the other hand, if the material is sold to any person, it will not be possible to monitor the disposal of such waste and harmful material outside the leasehold area under the said rules in absence of any definite plan for disposal of these materials. The environmental balance of the surrounding area, wherever they are disposed of, is likely to be severely affected, resulting in damage to the surrounding agricultural fields, pollution of surface water body contamination of ground water and danger to the life and property of the locality in shape of land slides etc.