Orissa High Court
WP(C)/11899/2018 on 6 August, 2018
Author: I.Mahanty
Bench: I.Mahanty
WPC No.11899 of 2018
05. 06.08.2018 Though this matter is not within the assignment
of this Bench, as per the order of the Hon'ble Chief Justice
and on being mentioned, it is taken up.
2. Heard Mr.G.N.Padhi, learned counsel for the
petitioner and Mr.L.Samantray, learned Addl. Government
Advocate for the State.
3. In the present writ application, challenge has
been made to the proposed auction of a sand quarry on
River Sidua under Annexure-1 on various grounds noted
in the writ application.
4. In the meantime, counter affidavit has come to
be filed on behalf of the State, copy of which is served on
the learned counsel for the petitioner in Court today. The
matter was passed over in order to enable the learned
counsel for the petitioner to go through the counter
affidavit.
5. Thereafter, Mr. Padhi, learned counsel for the
petitioner essentially drew our attention to Annexure-3 to
the writ application which is a map indicating the
apparent distance of Plot No.395 from the river bed of
River Sidua and claims that if quarry permit is allowed in
that entire area, there is every likelihood that Rule 37 (i) of
the Orissa Minor Minerals Concession Rules, 2016 (in
short "OMMC Rules, 2016") is likely to be violated. He
further submits that the auction for the said sand quarry
is fixed tomorrow i.e. on 07.08.2018 and in the event of
infringement of Rule 37 (i) of the OMMC Rules, 2016,
there is every likelihood of having an adverse impact upon
Ranjan
the villagers near the embankment and more than 5000
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people consisting of three villages are likely to be
impacted.
6. Having heard the learned counsel for the
petitioner as well as the learned counsel for the State and
having perused the writ application as well as the counter
affidavit, we are of the considered view that ends of justice
would be best sub-served if the auction scheduled to be
held tomorrow i.e. on 7.8.2018 is permitted to be held,
whereas at the same time, the Opposite Party (State
authority) must ensure due compliance of Rule 37 (i) of
the OMMC Rules, 2016 which is quoted as hereunder:
"37. Conditions of quarry permit:-
(1)(i) The permit holder of the quarry permit
shall not carry on the quarrying operation
within a distance of fifty meters from any
public roads, public buildings, temples,
reservoirs, dams, burial grounds, railway
track monuments, heritage sites, etc. and
shall not cause any damage to any public
and private properties."
7. It is further emphasized that no quarry permit
shall be granted in violation of Rule 37 (i) of the OMMC
Rules, 2016 and it shall be the responsibility of the State
to ensure that the successful tenderer does not violate the
said terms in order to ensure the necessary protection of
the villagers living to the adjacent area of the
embankment.
8. It is made clear that the concerned Tahasildar
shall ensure compliance of this order during the operation
of the said sand sairat and shall be responsible, if any,
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violation thereof is taken note of and shall take preventive
action as deemed necessary.
9. With the aforesaid observation and direction, the
writ application is disposed of.
Urgent certified copy of this order be granted on
proper application. Free copy of this order be handed over
to the learned counsel for the State for communication to
the appropriate authority and necessary compliance
thereof.
................................
I.Mahanty, J.
.................................. Biswajit Mohanty, J.