Petitioner sought extension of sand quarry lease period to 31.10.2021 based on Government clarification that lease duration counts from registration date. Bench accepted clarification and disposed of petition as not pressed.
Writ Petition disposed of as not pressed by the petitioner following Government clarification on lease period computation.
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W.P.(C) No.10490 of 2020
03. 14.05.2020
Heard Mr. Swarup Kumar Patnaik, learned counsel for the Petitioner and Mr. Debakanta Mohanty, learned Addl. Govt. Advocate.
Tahsildar, Kantapada (Opposite Party No.4) issued an advertisement inviting applications from intending bidders to lease out Jharpada Devi River Sand Quarry for five years, i.e. from 2015-16 to 2020. As per the said advertisement, the Petitioner applied for taking lease of the aforesaid Jharpada Devi River Sand Quarry and deposited royalty, EMD, etc. Mining Plan was approved and Environment Clearance Certificate was obtained accordingly. Lease Deed was executed on 01.11.2016 between Govt. of Odisha represented through Tahsildar, Kantapada and the Petitioner. It was also registered on the same day, i.e. on 01.11.2016. Though the Petitioner had deposited royalty, etc. in advance to lift the sand from the quarries, he could not lift the same till registration of the lease deed.
In view of such fact, relying on Sub-Rule (2) of Rule 43 of the Odisha Minor Mineral Concession (Amendment) Rules, 2016, learned counsel for the Petitioner submits that, the lease period of the quarry be extended till 31.10.2021, as the lease deed has been registered on 01.11.2016.
Mr. Debakant Mohanty, learned Addl. Govt. Advocate at this stage relied on the clarification dated 02.05.2020 issued by the Government of Odisha in Revenue & Disaster Management Department, wherein at para-2 of the clarification, reference has been made to different provisions of the Odisha Minor Mineral Concession Rules, 2004, Odisha Minor Mineral Concession (Amendment) Rules,
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2014 and Odisha Minor Mineral Concession (Amendment) Rules, 2016, and in para-4 it has been clarified thus :-
“4. Keeping the above provisions of rules in view it is clarified that :
In view of such clarification by the Government, there is no dispute now that the petitioner can operate the sand quarry for a period of five years from the date of registration of the lease deed, i.e. 01.11.2016, and said five years period expires on 31.10.2021.
In view of the clarifications, as quoted supra, learned counsel for the Petitioner does not want to press this Writ Petition, and accordingly the Writ Petition is disposed of as not pressed.
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A copy of the clarification issued by the Govt. of Odisha in Revenue and Disaster Management Department dated 02 May, 2020 relied on by the learned Addl. Govt. Advocate Mr. Debakant Mohanty be kept on record.
As Lock-down period is continuing for COVID-19, learned counsel for the petitioners may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.
Parida
3 issues framed by the court
Whether the lease period of the sand quarry should be extended till 31.10.2021 considering the lease deed was registered on 01.11.2016.
Whether the Government clarification dated 02.05.2020 regarding computation of lease period from registration date should be accepted.
If the petitioner's reliance on the Government clarification is valid, the Writ Petition shall be pressed or not.
1 provisions across 1 enactments
Petitioner
Tahsildar, Kantapada
Mohammad Rafiq
Parida
As recorded by the court registry
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