Orissa High Court
Unknown vs Hon'Ble The Chief Justice Mr. Mohammad ... on 22 October, 2020
Bench: Mohammad Rafiq, B.R. Sarangi
W.P.(C) No. 28623 of 2020
HON'BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ
HON'BLE DR. JUSTICE B.R. SARANGI
02. 22.10.2020 Mr. T. Nanda, Advocate : For petitioner
Mr. A.R. Dash,
Addl. Government Advocate : For State opposite parties
ORDER
Heard learned counsel for the parties by video conferencing mode.
2. The petitioner, an existing lessee, has filed this writ petition seeking to quash the tender notice dated 16.10.2020 issued by the Tahasildar, Rourkela- opposite party no.6 for grant of lease of Tumkela sand bed in the district of Sundargarh under Annexure-1, and issue direction to opposite party no.6 to allow him to operate the said sand bed by way of extension of his lease period as per Rule-8(4) of the OMMC Rules, 2016.
3. The factual matrix of the case, in short, is that the petitioner was granted lease of Tumkela sand bed from 28.08.2015 to 31.03.2020 by following due procedure of grant of lease and accordingly agreement was executed between the Tahasildar, Rourkela and the petitioner. After obtaining approved mining plan and environmental clearance from the competent authorities, the petitioner operated the sand quarry and in lieu of that deposited annual royalty, surface 2 rent, TCS etc. as per the provisions of law. On 11.02.2020, opposite party no.6-Tahasildar, Rourkela in Lease Case No.13 of 2014-15 directed the petitioner to obtain modified mining plan and environmental clearance from 01.04.2020 to 14.10.2020, failing which the petitioner had to cease the operation of sand quarry after 31.03.2020. Accordingly, the petitioner submitted modified mining plan and environmental clearance for Tumkela sand bed and also requested the Collector, Sundargarh on 09.01.2020 for extension of the lease period for a further period of five years, as by that time the OMMC Rules, 2016 had come into force and as per Rule-8(4) of the said Rules provision was made for extension of the lease period up to 10 years by the controlling authority and, as such, the petitioner was ready and willing to pay the additional charges which would be fixed by the authorities. On consideration of such application, opposite party no.5-Deputy Collector, Tauzi, Collectorate, Sundargarh, vide letter dated 15.02.2020, communicated the Tahasildar, Rourkela to follow instructions laid down in Rules-8(3) and 8(4) of the OMMC Rules, 2016 for settlement of source with regard to the application filed by the petitioner for extension of the lease period. In response thereto, opposite party no.6-Tahasildar, Rourkela, vide letter dated 28.08.2020, intimated the Collector, Sundargarh, considering the prayer of the petitioner that if approved 3 the lease period may be extended from five years to ten years as per Chapter-I, Rule-8(4) of OMMC Rules, 2016 subject to the additional charges fixed at his level and that the lease holder has given his consent to pay the additional charges fixed by the authorities. Simultaneously, the Additional District Magistrate, Sundargarh, vide letter dated 15.09.2020, returned the record of Sairat Misc. Case No. 02 of 2020 to the Tahasildar, Rourkela stating that clarification on extension of lease period has already been communicated vide letter dated 15.02.2020 and, therefore, no further clarification was required. Therefore, the petitioner again on 16.10.2020 filed an application before the Collector, Sundargarh with a prayer for extension of lease of Tumkela sand bed under Rourkela Tahasil for a further period of five years in consonance with the provisions as laid down under Rule-8(4) of OMMC Rules, 2016. Due to inaction of the authority, the petitioner approached this Court by filing the instant writ petition.
4. Mr. Trilochan Nanda, learned counsel for the petitioner contended that since the petitioner has already complied the requirements of law and seeks for extension of lease for further five years, which is in conformity with the provisions contained in Rule-8(4) of OMMC Rules, 2016, and as such, on the basis of the intimation made by the Collector in Annexure-6 dated 4 15.02.2020, reply has been submitted by the Tahasildar, Rourkela on 28.08.2020 that in the event of approval the lease period may be extended from five years to ten years as per Chapter-I, Rule-8(4) of OMMC Rules, 2016 subject to additional charges to be fixed by the Collector, and that the leaseholder has also given his consent to pay whatever additional charges fixed by the authority. But, when the matter stood thus, a fresh advertisement has been issued under Annexure-1 dated 16.10.2020 for grant of lease in respect of the selfsame quarry. Hence, the petitioner has approached this Court by means of the present writ petition.
5. Mr. A.R. Dash, learned Addl. Government Advocate appearing for the State opposite parties contended that the lease period of the petitioner already expired from 31.03.2020 and he has been permitted to get clearance from the authority for extension for the period 01.04.2020 to 14.10.2020 and, as such, the petitioner already received the same, and after that period he has no right to claim for further extension of lease period. But, if under Rule-8(4) of OMMC Rules, 2016 there is provision of extension of lease period, in the event the lease granting authority is satisfied with the performance of the petitioner, then the case of the petitioner may be considered in accordance with law.
6. Having heard Mr. Trilochan Nanda, learned 5 counsel appearing for the petitioner and Mr. A.R. Dash, learned Addl. Government Advocate appearing for the State opposite parties, this Court finds that admittedly the petitioner is the lessee of Tumkela sand bed and the lease period has been expired on 31.03.2020 and as such for extended period of 01.04.2020 to 14.10.2020 the petitioner submitted modified mining plan and environmental clearance and that period has also been expired in the meantime and after expiry of that period if fresh tender call notice has been issued vide Annexure-1, it is incumbent on the petitioner to participate in the fresh tender. But fact remains that the petitioner already moved the authority for grant of extension of lease for a period of further five years, pursuant to which the Deputy Collector, Tauzi, Collectorate, Sundargarh, vide letter dated 15.02.2020, has intimated the Tahasildar, Rourkela to follow instructions laid down in Rules-8(3) and 8(4) of OMMC Rules, 2016 for settlement of source and in response to the said letter the Tahasildar, Rourkela, vide letter dated 28.08.2020, intimated the Collector, Sundargarh for extension of lease period from five years to 10 years, as per Chapter-I, Rule-8(4) of OMMC Rules, 2016 subject to the additional charges fixed by him and that the leaseholder has given consent to pay whatever additional charges to be fixed by the authority. Therefore, as the petitioner has already moved an 6 application before the Collector, Sundargarh vide Annexure-9 seeking for extension of lease period for five years with effect from 2020 to 2021, and that application is still pending, this Court disposes of the writ petition directing the Collector-cum-District Magistrate, Sundargarh to consider the application of the petitioner in Annexure-9 taking into consideration the correspondences made in Annexure-6 dated 15.02.2020 and Annexure-7 dated 28.08.2020 and do the needful as early as possible, preferably within a period of fifteen days before the lease is finalized pursuant to Annexure-1 dated 16.10.2020.
With the above observation and direction, the writ petition stands disposed of.
As COVID-19 pandemic situation is continuing, learned counsel for the parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587, dated 25.03.2020.
GDS/
Ajaya (DR. B.R. SARANGI) (MOHAMMAD RAFIQ)
JUDGE CHIEF JUSTICE
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