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AFR Bhagirathi Mantri ..... Petitioner

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State of Odisha & Ors. ..... Opp. Parties For Petitioner : M/s. H.N. Mohapatra and A. Samantaray, Advocates For Opp. Parties : Mr. P.P. Mohanty, Addl. Govt. Advocate [O.Ps.No.1-4] P R E S E N T:

THE HONOURABLE DR. JUSTICE B.R.SARANGI AND THE HONOURABLE MR JUSTICE B.P. SATAPATHY DECIDED ON : 28.10.2022 DR. B.R. SARANGI,J. The petitioner, by means of this writ petition, seeks to quash the auction notice/tender notice dated 03.02.2020 under Annexure-10 issued by the Tahasildar, Banki in respect of Tentulia Sand Sairat and further to issue direction to the Tahasildar, Banki to // 2 // lease out the said Sairat in favour of the petitioner, after complying with all formalities as per law, within a stipulated period and allow him to operate the said Sairat for five years, pursuant notification made under Orissa Minor Mineral Concession Rules, 2016 (for short "OMMC Rules, 2016").
Prayer is granted.
Let the case of the petitioner be considered by the appropriate authority in accordance with law.
Writ petition is disposed of."

By this process, three years period was expired from the date of auction notice till the order is passed in W.P.(C) No.18373 of 2015. Pursuant to order of this Court, the Tahasildar, Banki, settled Tentulia Sand Sairat in favour of the petitioner for operating the remaining period of two financial years, i.e., from 01.04.2018 to 31.03.2020 subject to obtaining mining plan from the Director, Mines and Geology, Odisha, Bhubaneswar and environmental clearance from the State Environment Impact Assessment Authority, Odisha, Bhubaneswar at an early date and the Tahasildar, Banki also informed the petitioner, vide letter dated 26.03.2018, for execution of agreement after deposit of royalty and other Govt. dues as per OMMC Rules, 2016 for operating the source. 2.3 In compliance of the letter dated 26.03.2018 issued by the Tahasildar, Banki, the petitioner got // 5 // mining plan after getting it approved by the Deputy Director, Directorate of Geology, Bhubaneswar for Tentulia Sand Sairat as per Rule-28(4) of the OMMC Rules, 2016. The Deputy Director of Geology and Authorized Officer, Directorate of Geology wrote letter to the petitioner that the mining plan submitted on 04.05.2018 by P.K. Sahoo, RQP appointed by the petitioner is approved and the petitioner was required to apprise the local administration about the replenishment/erosion of sand resources during post- monsoon and pre-monsoon seasons in the area under consideration in the plan and in case of additional production than the commitment within the plan period, the mining plan may be modified and approved by the competent authority, which was sent to Tahasildar, Banki vide memo no.8166 dated 09.05.2018. 2.4 On receipt of the mining plan in respect of Tentulia Sand Sairat, the Tahasildar, Banki, wrote letter no.1809 dated 19.06.2018 to the Member Secretary, SEIAA, Odisha requesting him to issue environmental clearance in respect of Tentulia Sand Sairat of village // 6 // Tentulia under Banki Tahasil. Since the petitioner was allowed to operate the said Sand Quarry for remaining period of two years and required documents were submitted by him for consideration of grant of environment clearance, at this point of time, the Ministry of Environment, Forest and Climate Change issued the notification dated 14.08.2018 regarding procedure to be followed for giving environmental clearance by the appropriate authority according to the lease area of the Sand Sairat.

7. Be that as it may, even delving into the merits of the case this Court finds that Chapter-IV of the OMMC Rules, 2016 provides for grant of quarry lease and it enumerates the procedures to be followed. Rule- 27(13) of the OMMC Rules, 2016 reads as follows:

"that the selected bidder shall be required to execute quarry lease in Form-N within three weeks from the date of intimation of his selection, if the approval of the mining plan and environment clearance has been obtained before auction, and in other cases, three months from the date of intimation, failing which, the intimation shall stand cancelled and the security deposit shall stand forfeited".

13. It is of relevance to note that since under the OMMC Rules, 2016 specific procedures to be followed for operating the Sand Source have been provided, it was obligatory on the part of the petitioner to adhere to the same. Non-fulfillment of the criteria laid down in the statute would automatically disentitle a bidder to operate the source. As the petitioner failed to comply with the requirements contained in the letter dated 26.03.2018 issued by the Tahasildar, Banki, even after lapse of five months, when the notification dated 14.08.2018 of the Ministry of Environment, Forest and Climate Change, which introduced a new concept to be followed in respect of the source to be put to auction from that date, came into force, therefore, keeping in view the provisions contained in Sub-rule (13) of Rule-27 of the OMMC Rules, 2016, the Tahasildar, Banki, vide order dated 20.06.2019, cancelled the bid of the petitioner and proceeded for fresh auction in respect of Tentulia Sand Sairat for five years, vide notification // 18 // dated 03.02.2020. Consequentially, steps so taken by the Tahasildar, Banki cannot be said to be illegal, arbitrary and contrary to the provisions of law, so as to warrant interference of this Court.