Orissa High Court
Rabi Narayan Das vs State Of Odisha & Ors on 3 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4679 of 2021
Rabi Narayan Das .... Petitioner
Mr. Napoleon Sahani &
K. Pradhan, Advs.
-versus-
State of Odisha & Ors. .... Opp. Parties
Mr. T.K. Patnaik, ASC
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 03.08.2021
03. 1. This matter is taken up through hybrid mode.
2. This Writ Petition has been filed by the Petitioner
seeking for a direction to the Opposite Party No.2-The
Collector and District Magistrate, Balasore, District- Balasore
to extend the tenure of Lease for Khanjamahal Stone Quarry
No.50 (Minor Mineral) for the period of 1 (one) year 8(eight)
months and 10 (ten) days lost for the interim stay order passed
by the Hon'ble NGT, Eastern Bench, Kolkata in O.A. No.116
of 2015 as the same was finally disposed of vacating the
aforesaid interim stay order.
3. Heard Mr. Napoleon Sahani, learned counsel for the
Petitioner and Mr. T.K. Patnaik, learned Additional Standing
Counsel for the State.
4. At the outset, Mr. Napoleon Sahani, learned counsel for
the Petitioner drawing attention of the Court to a disposed of
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case submits that since this matter is identical to W.P.(C)
No.36082 of 2020 disposed of on 31.05.2021 and further
submits that W.P.(C) No.36082 of 2020 related to Khanjamahal
Sand Stone Quarry No.82 while the present case relates to
Kanjamahal Stone Quarry No.50 and operation in both these
quarries have been stayed, by virtue of the stay order dated
07.04.2016 passed in O.A. No.116 of 2015 /EZ by the Hon'ble
NGT and vacated by a common order dated 22nd November,
2017 passed in M.A. No.350 of 2017 EZ and M.A. No.351 of
2017/EZ in O.A. No.116 of 2015 and O.A. No.70 of 2017, this
matter may be disposed of in the light of the order passed in the
said Writ Petition.
5. The order dated 31.05.2021 passed in W.P.(C)
No.36082 of 2020 reads as follows:
"1. This matter is taken up by video conferencing
mode, in the Vacation Court.
2. This Court on 23rd December, 2020 passed the
following order:
"This matter is taken up through video
conferencing.
Heard Mr. K.P. Mishra, learned
counsel for the petitioner and Mr.
P.K.Muduli, learned Addl. Government
Advocate for the State.
The petitioner has filed this writ
petition seeking direction to opposite party
no.2 to extend the tenure of lease of
Khanjamahal Sand Stone Quarry No. 82 for
the period of 1 year 8 months and 10 days
lost for the interim stay order passed by the
National Green Tribunal, Eastern Zone
Bench, Kolkata in O.A. No.116 of
2015/EZ.
Mr. K.P.Mishra, learned counsel for
the petitioner contended that the petitioner
was granted lease to operate the stone
quarry, but one Niranjan Jena filed an O.A.
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before the National Green Tribunal (NGT),
Eastern Zone Bench, Kolkata and by virtue
of the interim order, the petitioner was
prevented to operate the quarry for a period
of 1 year 8 months and 10 days.
Subsequently, the Tribunal disposed of the
O.A. vacating the interim order. Thereafter
the petitioner was allowed to operate the
quarry. The petitioner seeks for extension
of the period which was lost due to the
interim order passed by the Tribunal.
Therefore, he approached this Court by
filing W.P.(C) No.3257 of 2020, which was
disposed of directing to consider the
grievance made by the petitioner, but the
same was rejected vide order dated
09.11.2020 by the Collector, on the basis of
clarification made by the Government in
Revenue and Disaster Management
Department, after obtaining the views of
Law Department, simply stating that
benefit cannot be extended to the petitioner.
Thereby, the order dated 09.11.2020 is
clearly nonapplication of mind. It is further
contended that the apex Court in Odisha
Forest Development Corporation Ltd. v.
M/s. Anupam Traders and others, reported
in Manupatra MANU/SC/1643/2019, held
that no party should suffer for the Act of
the Court. Reliance has also been made on
the judgment of this Court in Duryadhan
Singh v. Sub-Collector, Panposh,
Rourkela, 2012 (1) OLR 813 and Abhaya
Samantaray v. The Collector, Puri, 2015
(1) OLR 1017, where similar view has been
taken by this Court.
In the opinion of this Court, the
matter requires consideration.
Issue notice.
Mr. P.K.Muduli, learned Addl.
Government Advocate accepts notice on
behalf of opp. Parties. Let three extra
copies of the writ petition be served on him
within three days enabling him to obtain
instructions or file counter affidavit.
Put up this matter on 12.01.2021."
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3. Thereafter on 8th January, 2021, an affidavit
was filed by the Opposite Party Nos.1 & 2 stating
therein that there is no provision in the OMMC
Rules, 2016 for extension of the lease period beyond
the period mentioned in the Auction Notice read with
Rule-43 (2) of the OMMC Rules, 2016.
4. Mr. Mohanty, learned Additional Government
Advocate does not dispute that in view of the stay
order granted by the NGT, the Petitioner was
prevented from operating the sand quarry in
question. He further submits that in absence of
specific Rules or a judicial order in that regard, the
Opposite Parties cannot grant an extension of the
tenure of the lease of Khanjamahal Sand Stone
Quarry No.46.
5. Having heard learned counsel for the parties,
this Court is of the view that the mere absence of a
specific provision in the OMMC Rules 2016, should
not come in the way of the Petitioner getting an
extension of the lease corresponding to the period
during which under a judicial order of the NGT, he
was prevented from operating the sand lease in
question. The OMMC Rules, 2016 cannot be
interpreted in a manner inconsistent with the effect of
a judicial order of stay.
6. Accordingly, this Court directs the Opposite
Parties to extend the tenure of the lease of
Khanjamahal Sand Stone Quarry No.46 by a period
of one year, eight months and ten days, which
corresponds the period during which the stay order of
the NGT was in force. The appropriate orders
implementing the above direction shall be issued by
the Opposite Parties not later than six weeks from
today subject to the Petitioner complying with all the
formalities.
7. The writ petition is disposed of in the above
terms.
8. xx xx xx xx"
6. In view of the order dated 31.05.2021 passed in
W.P.(C) No.36082 of 2020, this Writ Petition is disposed of
directing the Opposite Parties to extend the tenure of Lease of
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Khanjamahal Stone Quarry No.50 (Minor Mineral) for a period
of 1 (one) year 8(eight) months and 10 (ten) days, which
corresponds to the period during which the stay order of the
NGT was in force. Appropriate orders implementing the above
direction shall be issued by the Opposite Parties not later than
six weeks from today, subject to the Petitioner complying with
all the formalities.
7. Urgent certified copy of this order be granted on proper
application.
( S. K.Mishra)
Judge
( Savitri Ratho )
Judge
BJ
