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2021 DIGILAW 345 (ORI)

Mitrajeet Keshari Singh v. State Of Odisha

2021-08-09

S.K.MISHRA, SAVITRI RATHO

body2021
ORDER 1. The matter is taken up by video conferencing mode. 2. Heard learned counsel for the parties. 3. The petitioner has filed this writ application challenging the Letter No. 1273/Touzi, dated 17.03.2021 (Annexure-2) with further prayer to direct the Opposite Party No.3 to recast or recalculate the demand made under Annexure-2 adhering to Rule 32(6) of the OMMC Rules, 2016 permitting the petitioner to deposit such recalculated dues in suitable installments. 4. The case of the petitioner is that vide Advertisement No. 3073 dated 20.08.2020 issued by the Opposite Party No.3-Tahasildar, Kalahandi, bids were invited for numbers of Sairat sources including the PAIKPADA Sand quarry (Sl.No.26) fixing the last date of submission to 04.09.2020. The petitioner stood as successful bidder in respect of PAIKPADA Sand quarry (Sl.26). As per the bid documents before execution of the agreement Environment clearance as well as Mining plan was required to be obtained and in tune with the same, the Environment clearance has been obtained from the State Environment Impact Assessment Authority, Bhubaneswar vide their Office Letter No. 523/SEIAA/ dated 15.02.2021 and Mining plan for the quarry has also been granted. Opposite Party No.3 has directed the petitioner to deposit the royalty and other amount as per Rule 32 (5) of OMMC Rules, 2016. 5. His submission is that as lease deed has not been executed before 1st April, the minimum guaranteed quantity should be calculated in accordance with Rule-32 (6) of the OMMC Rules. 6. The amount calculated in terms of Rule 32(5) of OMMC Rules, 2016, as indicated in Annexure-2, is for the entire financial year but such demand has to be calculated in terms of Rule 32(6) of OMMC Rules, 2016. Rule 32 of OMMC Rules, 2016 is quoted hereunder:- '32. Liability for payment of royalty, dead rent, surface rent, additional charge, amount of contribution payable to the District Mineral Foundation, amount of contribution payable to the Environment Management Fund:- (1) All the lessees for minor minerals other than specified minor minerals shall be liable to pay royalty or dead rent, surface rent, additional charge, amount of contribution payable to the District Mineral Foundation, amount of contribution payable to the Environment Management Fund and fees for compensatory afforestation. (2)The lessee shall pay to the State Government every year dead rent and surface rent at the rates specified in Schedule- I for all the areas included in the lease deed and royalty at the rates specified in Schedule-II: Provided that the rates specified in Schedule-I and Schedule-II may be revised by the Government, from time to time, by an amendment made to the said Schedules, but no revision shall be made before the expiry of three years from the date when the rates were last fixed: Provided further that where the lessee becomes liable for payment of royalty for any minor mineral removed or consumed by him or his agent, manager and employees or the contractor from the leased area, he shall be liable to pay either such royalty or the dead rent whichever is higher. (3) In addition to the surface rent, dead rent or royalty, as the case may be, the lessee shall be liable to pay additional charge, amount of contribution payable to the District Mineral Foundation and an amount of contribution payable to the Environment Management Fund in advance, on annual basis on the minimum guaranteed quantity of minor minerals even if the actual extraction falls short of such quantity. (4) In case the actual extraction exceeds the minimum guaranteed quantity, such mineral may be removed from the lease area only after payment of royalty, additional charge, amount of contribution payable to the District Mineral Foundation and an amount of contribution payable to the Environment Management Fund on pro-rata basis. (5) The royalty, additional charge, amount of contribution to the District Mineral Foundation and amount of contribution payable to the Environment Management Fund for the period up to commencement of the next year shall be paid on a pro-rata basis before the execution of lease deed. (6) For the purpose of determination of minimum guaranteed quantity in the cases where the lease has been executed on or after the 1st April, the minimum guaranteed quantity for the first financial year shall be equal to the minimum guaranteed quantity divided by twelve and multiplied by the number of months remaining in the first year of the lease, treating part of any month as full month. (7) The lessee shall pay, in addition to the surface rent, dead rent or royalty, additional charge, amount of contribution payable to the District Mineral Foundation and to the Environment Management Fund, fees for compensatory afforestation at rates as may be specified by the Government from time to time.' 7. We find merit in the submissions of the learned counsel for the petitioner, and we, therefore, allow the writ application and set aside the impugned letter dated 17.03.2021 issued by the Tahasildar, Kalahandi and direct the petitioner to file an application before the Opposite Party No.3-Tahasildar, Kalahandi for recalculation of the dues payable by him with details and calculation, along with a certified copy of this order within a period of 15 days from today, which shall be considered and disposed of within 30 days thereafter, after giving the petitioner a chance of hearing. Needless to state, the petitioner shall pay the dues to be so determined within the time stipulated. 8. The writ application is accordingly disposed of. 9. Urgent certified copy of this order be granted as per rules.