defined in sub-
rule (3) of Rule 39.
6. It is further stated that Explanation-II to Rule 34 of the OMMC
Rules, 2016, defines ... provisions of Rule 51 of the OMMC Rules, 2016.
53. Rule 15 of the OMMC Rules, 2016, reads as under:-
"51. Penalties
unauthorized extraction and tranaporation of soil as
per Rule 51 of OMMC, Rules 2016.
2. Site - Ambapalas/Kankadasoda
Khata -9
Plot No. - 698/7406
Status ... hereinafter referred to as the 'OMMC Rules, 2016').
34. Rule 51 of the OMMC Rules, 2016 reads as under:-
"51. Penalties
OMMPTS Act/Sec. 51 (1) OMMC
Rule has been registered on the written report of
informant Rabindra Ku KabiASI of Police PS-Chandpur,
Dist-Nayagarh ... OMMPTS
Act/Sec. 51(1) OMMC Rule.
(II) Chandpur PS case No.97 dt. 16.09.2020 u/s-
379/411/34 IPC /sec.12 OMMPTS
unauthorized extraction and
tranaporation of soil as per Rule 51 of OMMC, Rules 2016.
2. Site - Ambapalas/Kankadasoda
Khata -9
Plot No. - 698/7406
Status ... transporation of the earthen soil as per Rule 51
of OMMC, Rules 2016.
3. Site - Kankadasoda (Proposed Morrum quarry to project
proponent)
Status - Private land
Minor Mineral
Concession Rules, 2016, (hereinafter referred to as 'the OMMC
Rules, 2016') and amendments thereto. It is stated that the lessee
obtained ... question as the trustee of the Sairat Source as per the OMMC
Rules, 2016.
16
17. The Collector & District Magistrate, Khurdha, Respondent
Earth
from those sources as per the Orissa Minor Mineral Concession
(OMMC) Rules, 2016 and Environment (Protection) Act, 1986 .
6. Notices were issued ... Management Fund:
As per the sub-rule (2) of the Rule-49 of the Orissa Minor Mineral
Concession (OMMC) Rule, 2016 it states that
Rule 34 only to State Agencies or Project Proponents for
public purposes. It is stated that Explanation-I to Rule 34 of the
OMMC Rules ... defined in sub-
rule (3) of Rule 39. It is further stated that Explanation-II to Rule
34 of the OMMC Rules, 2016, defines
quarry lease as laid down under Rule-33(8) of OMMC
Rules, 2016.
• Tahasildar, Bhandaripokhari being the competent
authority has granted quarry lease ... with the provisions laid down under Rule-
28 & Rule-29 of OMMC Rules, 2016 respectively.
• The lessee Sri Subhranshu Sekhar Padhi S/O- Narayan
already paid royalty as well as penalty as per the
OMMC Rules. Para 19 of the affidavit read as under:-
"19. That the deponent ... already paid royalty as well
as penalty as per the OMMC Rules."
20. We have heard the learned Counsel for the parties and have
Orissa:
Any mining of Minor Mineral in Odisha is governed by OMMC
Rules 2016, in which after auction of a sairat source (Sand
Source- which ... 2023 of Tahasildar Nandapur as per Odisha
Minor Minerals Concession Rules (OMMC) Rules 2016 the lease is
valid up to 26.03.2024, and hence Modification
