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Showing contexts for: iron ore processing in Ms Jindal Steel And Power Ltd. And ... vs State Of Odisha And Others on 8 April, 2016Matching Fragments
In the present writ application, the petitioners-M/s Jindal Steel and Power Limited (hereinafter referred to as "M/s M/S JSPL") have entered into an agreement with Sarda Mines Pvt. Ltd. (hereinafter referred to as 'SMPL') to purchase Lump Ore (RoM) from SMPL. Pursuant to such agreement, the petitioners- M/s JSPL had sought for permission from the State of Odisha and the State Government vide letter dated 27.03.2004 permitted the petitioners to purchase Iron Ore in the form of RoM from SMPL (lessee) of Thakurani Iron Ore Mines Block-B. It is further stated that the M/s JSPL had been procuring Iron Ore (RoM) from SMPL and have paid the total amount of royalty and other taxes on the purchase of said Iron Ore (RoM) and thereafter, processed the same at its processing plant located within the leasehold area of SMPL and such RoM on being processed into Lump Ore and Fines, was stored at the despatch point within the leasehold area of the mine. Such processed Iron Ore/Fine were being despatched by M/s JSPL to its Pelletisation Plant located at Deojhar, Odisha and Integrated Steel Plant at Raigarh, Chhattisgarh. Such transportation of ore was being permitted by the mining authority till 31.3.2014, on which date, the Deputy Director of Mines (DDM) Joda called upon the petitioners to stop transportation of ore.
2. The M/s JSPL addressed various letters to the appropriate authorities seeking permission to remove such Ore and Fines. By letter/order dated 23.6.2014 under Annexure-1, the petitioners' representation dated 12.5.2014 under Annexure- 2 seeking grant of permission for transporting Iron Ore procured from SMPL on which royalty had already been paid and admittedly, the processed Iron Ore i.e. Lump Ore and Fines have been stored at the despatch point situated within the leasehold area of SMPL, was rejected. This letter/order dated 23.6.2014 (under Annexure-1) rejecting the petitioners' representation is the subject matter of challenge in this writ petition.
In view of the said order, the opposite party consequently also refused to grant the petitioner (M/s JSPL) "transit permit" for transporting the procured and processed Iron ore (CLO and Fines) from the despatch point to its Pelletisation Plant at Keonjhar, Odisha as well as the Steel Plant at Raigarh in the State of Chhattisgarh.
6. The M/s JSPL made various representations on 9.4.2014, 15.4.2014, 12.5.2014, 4.6.2014 and 18.6.2014 under Annexure-2 series requesting the opposite parties for grant of permission to transport the processed minerals which had been purchased from SMPL on which, royalty and all taxes had already been paid/collected.
It is further submitted on behalf of M/S JSPL that the entire processed Iron Ore (29978 MT of Lump and 12205328 MT of Fines) in terms of the report of the Deputy Director of Mines- O.P.3 dated 3.5.2014 are lying stocked after processing, prior to 31.03.2014 at the despatch point.
8. The Director of Mines-Opposite Party No.2 vide his impugned letter dated 28.5.2014 addressed to the Commissioner- cum-Secretary, Steel & Mines Department-Opposite Party No.1 while recommending the rejection of the representation made by the petitioners seeking permission for transportation of Iron Ore made the following observation: