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7. Referring to the order dated 9.10.2020, Annexure-A/1 at page 9 of the counter affidavit, Mr. Mukul Rohatgi, learned Senior Advocate submitted that this impugned order has been passed in a mechanical manner, without application of mind and without assigning any reason whatsoever, by only indicating that the representation is not maintainable. This order is per se not sustainable in the eye of law and is liable to be set aside. Relying on the decision of the Supreme Court in Mohinder Singh Gill Vrs. Chief Election Commissioner, (1978) 1 SCC 405, learned Senior Advocate argued that opposite parties cannot justify the impugned orders by now citing further and additional reasons in their counter affidavit, not indicated therein. Learned Senior Advocate has drawn attention of the Court to the decision of the Supreme Court in Chowgule and Company Private Ltd. Vrs. Goa Foundation & Ors, 2020 SCC Online SC 103 granting time of six months for removal of iron ore relatable to Rule 12(1)(gg) of the Rules, 2016. Reference is then made to another order again involving the same parties, dated 30.10.2020 reported in 2020 SCC Online SC 830, granting three months time for removal of mineral on the ground of lockdown due to pandemic COVID-19 and delay in grant of transit permits. Reliance is also placed on the order of the Supreme Court dated 24.11.2020 in I.A.No. 101547 of 2020 arising out of Writ Petition (Civil) No.114 of 2014, where the Supreme Court has granted time of six months to M/s. Mideast Integrated Steels Ltd., from the date of order to lift and transport the minerals even after expiry of lease. It is argued that this was also case from the State of Odisha itself and extension of time was granted preciously on the same grounds on which the petitioners are claiming similar relief. In both the cases, the Supreme Court was persuaded to grant extra time, having considered the situation of lockdown due to pandemic COVID-19, which orders are binding on this Court. Learned Senior Advocate prayed for an identical relief in the present case. Taking this Court through the order declaring lockdown by the National Disaster Management Authority of Ministry of Home Affairs, Government of India, Annexure-9 to the writ petition and the other orders on imposition of variety of restrictions at different level, reading through Annexures-10 series, 11 series, 13, 14 series, 15 series, 16 series, 17 series, 24, 25, 26 and Annexure- 27, 28, 29, 30,31, 32 dated 25.11.2020 to the additional affidavit and Annexure-42 to the reply to additional affidavit by the opposite party no.1, a notification dated 27.11.2020, the learned Senior Advocate contended that it is too late in this day to impart an impression that transportation and other activities were not at all affected by Covid-19 reasons in the State of Odisha.

21. Giving reference of various documents available on record, Mr.S.P.Mishra, learned Senior Advocate contended that there was capping on the number of trucks on a particular route, which was a major factor in reduction in transportation of minerals during Covid-19 period. It is submitted that the country witnessed outbreak of Novel Corona Virus in March, 2020, as a result of global pandemic. The Prime Minister of India called Janata Curfew from 7 A.M. to 9 P.M. of March 21, 2020 (P-2). This was followed by an order of Government of India directing complete lockdown of the country for 21 days from 25.03.2020, bringing in several restrictive measures in the field of social, cultural and economic activities. No doubt, Industrial and Mining activities and transportation of essential goods were exempted from the lockdown but without the support of men power and logistics, it was impossible for the petitioner to transport the whole quantity of minerals. The lockdown continued up to the stage of Lockdown Phase VI, whereafter there happened a slow opening of the country from unlock-I and onwards. The country is even now reeling under the effects of the pandemic and there is still no complete freedom. Learned Senior Advocate taking this Court through the conditions of the lease and the provision at Rule 12(1)(ff) of the Rules, 2016 contended that Annexure-16, the order dated 1.10.2020, has been issued by total non-consideration to the above situation. On the question of the new lessee coming into the leasehold area, learned Senior Advocate while not disputing that the new lessee has a right over the leasehold area, contended that keeping in view the difficulties faced by the ex- lessee, particularly under Covid-19 situation, the provision of Rule 12(1)(ff) of the Rules, 2016 would certainly be attracted.

Writ Petition(Civil) No. 27731 of 2020 :

25. This writ petition has been filed by Ramesh Prasad Sao challenging the order dated 1.10.2020, vide Annexure-1. Mr.Parag Pr. Tripathy, learned Senior Advocate appearing for the petitioner while admitting that the mining lease of the petitioner expired on 31.3.2020, but no fresh lease involving the leasehold area enjoyed by the ex-lessee has been granted therein. It is contended that the State Government, vide general order dated 31.3.2020 granted a period of six months in purported exercise of its power under Rule 12(1)(gg) of the Rules of 2016 to remove raised mineral, plant and machinery etc. In the meantime, Government of India clamped the lockdown at national level due to outbreak of Covid-19. The petitioner made all possible efforts to remove the entire quantity of minerals, however, due to supervening circumstance following lockdown imposed by the Government for the reason of Covid-19 pandemic, he could not do so. It is also claimed that the transportation got affected due to enumerable obstructions, such as due to sudden lockdown from the last week of March, the workers left to their native villages. There was also mass reverse migration.

2. In this case, the time extension on force majeure ground may not be permissible as mining activities have been exempted from the country wide COVID-19 lockdown Order dated 24.3.2020 issued by MoHA, Gol and addendum to guidelines issued on 25.03.2020.

7. In subsequent lockdown orders, mining operation, mineral production, transportation and all activities incidental to mining operation are exempted from lockdown restrictions.