Orissa High Court
WP(C)/34308/2020 on 28 January, 2021
W.P.(C) No.34308 of 2020
08. 28.01.2021 1. This matter is taken up by video conferencing mode.
2. The Petitioner is before the Court aggrieved by the refusal of
the Mining Officer, Baripada Circle, Baripada by order dated
9th December, 2020 to accept the Petitioner's request for
intermediate storage depot licence under "S" Category (Storage
for the purpose of Sale/Export/Import) at Majhigaon, PO/PS-
Badampahar, District-Mayurbhanj, within the 40 Kms radius of
the Badampahar Iron Ore Mines in relaxation of the provisions
of the 6th proviso to Rule 3 of the Orissa Minerals (Prevention
of Theft, Smuggling & Illegal Mining and Regulation of
Possession, Storage, Trading and Transportation) Rules, 2007
(hereinafter the '2007 Rules') and in terms of the Notification
dated 4th October, 2019 of the Steel and Mines Department,
Government of Odisha.
3. At one stage of the proceedings, Mr.S.K.Sarangi, learned
counsel for the Petitioner, was asked to examine if the issue in
the present petition stands covered by the judgment dated 22nd
December, 2020 of this Court in a batch of writ petitions of
which the lead case was W.P.(C) No.26973 of 2020 (M/s.KJS
Ahluwalia v. State of Odisha) where certain directions have
been issued permitting some of those Petitioners to approach
the Secretary to the Government, Steels and Mines Department
of Government of Odisha to demonstrate why they were unable
to remove the stored stock of minerals within the prescribed
period and why they should be granted more time for that
purpose.
4. Today, Mr.Sarangi tried to distinguish the said judgment in
its applicability to the present case by pointing out that while in
those cases the period of lease expired on 31st March, 2020
whereas in the present case, the period of lease expired on 26th
May, 2020.
5. Mr. Sarangi, in order to demonstrate the bona fide of the
Petitioner regarding the efforts made by him to dispose of the
stock of minerals as of 26th May, 2020, referred to the statement
endorsed at Annexure-4 to the writ petition. This shows that as
against the closing stock of 11,90,071.82 MT as on 26th May
2020, the Petitioner was able to dispatch a total quantity of
nearly 6.5 lakh MT leaving a balance of 5,40,853.437 MT to be
dispatched as of 26th November, 2020. Mr.Sarangi, submitted
that in view of the restrictions placed by the State Pollution
Control Board on the dispatch of stored materials not exceeding
2 lakhs MT per month, despite his best efforts, in view of the
Pandemic Covid-19, the Petitioner was unable to dispatch a
larger quantity. In the circumstances, he submitted that in case
in relaxation of the 6th proviso to Rule 3 of 2007 Rules, storage
licence could be granted, even if not for two years in terms of
the notification dated 24th October, 2019, for at least three
months by which time the Petitioner would be able to remove
entire balance stock.
6. Mr.Ashok Parija, learned Advocate General and
Mr.P.K.Muduli, learned Additional Government Advocate
appearing for the State-Opposite Parties point out that the
restrictions imposed by the State Pollution Control Board on
removal of minerals was in force even earlier and had nothing
do with the Covid 19 Pandemic. They point out that when the
Petitioner fully knew that the lease was to expire on 26th May
2020, he ought to have taken steps, in the light of the above
restrictions placed by the State Pollution Control Board, so that
the entire stock could have been moved within the prescribed
time under the Rules. Mr.Parija, states that unless the Petitioner
is able to demonstrate that on account of Covid-19 Pandemic,
he was actually prevented from moving the entire stock, he
cannot make out a case for extension of time. He states that as
was directed in the case of those whose lease period expired on
31st March 2020 in terms of the judgment of this Court in KJS
Ahluwalia (supra), the Petitioner too can be permitted to go
before the Secretary to Government, Steel and Mines
Department to demonstrate that he was in fact prevented from
moving the entire quantity of minerals due to the Covid 19
Pandemic. The Secretary would adjudicate the issues and pass a
reasoned order in a time bound manner as directed by this
Court.
7. Mr.Sarangi, expresses the apprehension that the Director of
Mines, Odisha and the Miniing Officer, Baripada Circle,
Baripada having already expressed their mind in the impugned
order dated 19th December, 2020, refusing the permission to the
Petitioner for storage, the above exercise may turn out to be a
futile one. Mr.Sarangi, further urges that his case should be
considered beyond the confines of the notification dated 4th
October, 2019 and that the facility of the storage licence should
not be denied only because his lease expired, not on 31st March,
2020 but on 26th May, 2020.
8. The court is unable to agree with the above contentions. The
said notification was issued in a certain context and was
confined to those leases whose lease expired on 31st March,
2020. It is not possible for this Court to extend the scope of the
said notification. Mr. Parija, at this stage, informed the Court
that out of those who had been granted the storage license, only
one availed the benefit and he too did not really utilize the
facility.
9. In the light of above submissions, it is directed the Petitioner
should make a comprehensive representation to the Secretary to
the Government, Steel and Mines Department, Odisha placing
before him all the contentions raised herein in this writ petition
and the materials including the materials on record of the
present petition and pray for extension of time for removing the
entire stock of minerals. Further, the Secretary, Department of
Steel and Mines, Government of Odisha will adjudicate
whether the Petitioner has made out a case of 'force majeure'
within the meaning of that expression in Rule 12(1)(ff) of the
Minerals (Other than Atomic and Hydrocarbon Energy
Minerals) Concession Rules, 2016. If the Petitioner is able to
make out such a case, the Secretary will grant appropriate
extension of the period within which the Petitioner will be
permitted to remove the entire remain stock of minerals. If the
Petitioner makes a comprehensive representation not later than
8th February 2021, the Secretary will adjudicate the said
representation and can take a decision thereon not later than 31st
March, 2020. The decision of the Secretary be communicated to
the Petitioner not later than 5th April, 2020.
10. The writ petition is disposed of in the aforesaid terms.
11. As the restrictions due to the COVID-19 situation are
continuing, learned counsel for the parties may utilize a soft
copy of this order/judgment available in the High Court's
website or print out thereof at par with certified copy in the
manner prescribed, vide Court's Notice No.4587 dated 25th
March, 2020.
( Dr. S. Muralidhar )
Chief Justice
(D. Dash)
Judge
B.Nayak/Sr.Secy
