proper adjudication of the case, Sub-rules (4), (9)
and (10) of Rule 27 of the OMMC Rules, 2016, being relevant, are quoted
below ... OMMC Rules, 2016, had lost sight of the provisions
contained in sub-rules (4), (9) and (10) of Rule 27 of the OMMC Rules
lease deed under Rule 43(2) of the Orissa Minor
Mineral Concession Rules, 2016 (in short, „OMMC Rules, 2016‟).
Despite approval of the mining plan ... report. Later, the feasibility report under Section 27(2) of the
OMMC Rules, 2016 declared that the source were not feasible. The
quarry
taking into account the provisions contained under Rule 8(4) read
with Rule-64 of the OMMC Rules. Thereby, there is gross error
apparent ... consider the
matter in view of Rule-8(4) read with Rule-64 of the OMMC
Rules. If such a contention has not been raised
read with Section 68 of OMMC Rules, 2004.
2. The aforementioned case has been registered on basis of
the letter dated 17.11.2023 submitted by Tahasildar ... even otherwise, Rule
51(1)(iv) and 51(1)(v) of OMMC Rules provides for
compounding of the alleged offences and therefore, the
proceeding could
exercised its
power under Rule 46(1) of the Odisha Minor Minerals Concession
Rules, 2016 (for short "OMMC Rules, 2016") and passed reasoned ... other hand, contended
that as per Rule 55 of the OMMC Rules, 2016 power has been vested
with the authority to rectify the apparent mistakes
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
pass the order in terms
of Rule-43 (3) of OMMC Rules, 2016. Thereby,
the order dated 09.03.2021 passed under
Annexure-9 cancelling the lease
materia with Rule 12(1)(ff) of the Rules of 2016
under the Odisha Minor Minerals Concession Rules, 2016 (in
short, „OMMC Rules, 2016‟) containing
Code ( IPC ) read with Section 51 of the Orissa Minor Minerals
Concession Rule 2016.
3. Heard Mr. Sidhartha Das, learned counsel appearing on
behalf ... read with 34 of the IPC and Section 51 of the OMMC Rule,
2016. He has also argued that the petitioner has no criminal
antecedents
read with Section
68 of the OMMC Rules and Sections 41 / 42 / 43 of the Water
(Prevention and Control of Pollution) Act and Sections
