M/s. Jagabandhu Enterprises Pvt. Limited, Khordha … v. Mishra
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No.9955 OF 2025 M/s. Jagabandhu Enterprises Pvt. Limited, Khordha …. Petitioner Mr. Prafulla Kumar Rath, Senior Advocate being assisted by Ms. V. Mishra, Advocate -versus- State of Odisha and others …. Opp. Parties
Legal Reasoning
Mr. Subha Bikash Panda, Additional Government Advocate CORAM: JUSTICE K.R. MOHAPATRA JUSTICE A.C. BEHERA
Decision
ORDER 22.04.2025 This matter is taken up through hybrid mode. Appearance Memo Mr. Rath, learned Senior Advocate for Order No. 01. 1. 2. the Petitioner filed in Court is taken on record. 3. Petitioner in this Writ Petition prays for a direction for issuance of quarry permit under Form-R in continuation to the initial quarry permit of minor minerals issued vide order dated 12th March, 2025 (Annexure-1) and to allow the Petitioner to operate the quarry and extract quantities of minor minerals (chips and boulder) required for completion of the project. 4. Mr. Rath, learned Senior Advocate appearing for the Petitioner submits that the Petitioner has been awarded contract for erection of towers for the Odisha Power Transmission Corporation Limited. As a project proponent, the Petitioner requires minor minerals such as chips and boulder for erection and construction of towers for drawal of 132 KV DC transmission line. 4.1 It is submitted that as a project proponent, the Petitioner is entitled to the quarry permit of minor minerals in terms of Rule 35 Page 1 of 4 of the Odisha Minor Minerals Concession Rules, 2016 (for brevity ‘the Rules’). 4.2 It is his submission that the Competent Authority or any Officer authorised by him may grant quarry permit under Form-R for extraction and removal from any specified land, any minor minerals not exceeding one thousand cubic meters under any one permit on payment of dues such as surface rent and royalty etc. Proviso to Rule 35 makes it further clear that the Competent Authority may grant quarry permit in excess of one thousand cubic meters for any minor minerals when used for public work. Erection of towers for drawal of High-Tension Line is a public work. As such, the Petitioner has been granted quarry permit under Rule 35 of the Rules for extraction and removal up to six thousand cubic meters of chips and boulder under Form-R (Annexure-1). 4.3 Accordingly, the Deputy General Manager (Electrical), OPTCL, vide its letter dated 4th March, 2025 intimated the Mining Officer-cum-Competent Authority, Dhenkanal to permit the Petitioner to extract and remove eight thousand cubic meters of chips considering the possible diversion of line. Besides above, treatment wall in the transmission line requires approximately six thousand cubic meters of boulder. Thus, in total, the Petitioner would be requiring approximately fourteen thousand cubic meters of road metal for the project. As a project proponent, the Petitioner is entitled to the same. But, no response has yet been made to the letter issued by the Deputy General Manager (Electrical), OPTCL under Annexure-2. Unless the Petitioner is granted quarry permit for the aforesaid quantity of road metal, he will be highly prejudiced and the project may not be completed in time. 5. Mr. Rath, learned Senior Advocate further refers to Rule 36 of the Rules, which reads as under:- Page 2 of 4 “36. Duration of quarry permit- The period of quarry permit shall be as per the project period and shall be usually for three (3) months which can be extended up to one year or more by the Competent Authority not exceeding the project period relating to which the permit has been granted. In case of extension of the project period the permit can be re-issued by the Competent Authority for the extended period.” He, therefore, submits that there is no legal impediment on the part of the Competent Authority to issue quarry permit for aforesaid quantity of road metal at least till the period of completion of the project. Thus, the present Writ Petition has been filed for the aforesaid relief. 6. Mr. Panda, learned AGA submits that the Petitioner has not yet made any application for extraction and removal of the minor minerals, i.e., road metal required for the aforesaid project. If the Petitioner makes an application, the same shall be considered in accordance with law at an early date. 7. Considering the submissions made by learned counsel for the parties, this Court finds that in view of Rule 35 of the Rules, the Petitioner is entitled to quarry permit of road metal (minor minerals) for erection and construction of the towers for drawal of High-Tension Line for OPTCL. In fact, the Petitioner has been granted such quarry permit in Form-R, but for a lesser quantity, i.e., six thousand cum. Thus, the Deputy General Manager (Electrical), OPTCL requested the Mining Officer-cum-Competent Authority, its Letter No.106 dated 4th March, 2025 Dhenkanal vide (Annexure-2) for issuance of quarry permit for a higher quantity of the road metal as a project proponent. The said letter has not been yet been responded to. However, it appears that the Petitioner has not made any application for grant of enhanced quantity of the road metal required for the project. Page 3 of 4 8. In view of the above, this Court disposes of the Writ Petition with a direction that if the Petitioner makes an application within two weeks hence for quarry permit of minor minerals, namely, road metal required for the aforesaid project following due procedure of law, the same shall be considered by the Mining Officer, Dhenkanal, who is the Competent Authority keeping in mind the provisions under Rules 35 and 36 of the Rules, as expeditiously as possible preferably within a period of three weeks from the date of filing of such application along with authenticated copy of this order. The result thereof shall be communicated to the Petitioner forthwith. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge Utkalika (A.C. Behera) Judge Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Apr-2025 17:33:49 Page 4 of 4