BANWARILAL NEWATIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is a lessee of mining lease, has filed this writ application seeking for following reliefs;

(2.) The factual matrix of the case is that the petitioner was granted mining lease in respect of an area of 114876 hectares for Pyrophyllite and Quartzite in village Tikarpada, Ambadahara, Dist- Keonjhar for a period of 20 years w.e.f. 07.11.1998 to 06.11.2018. The entire area was a non-forest land. The Collector, Keonjhar granted surface right in respect of 67.1390 hectares (over plot no. 1050 and Plot No. 1142 under Khata No. 274) out of the granted mining lease area of 114876 hectares. After obtaining necessary statutory clearance and approval, the petitioner carried on mining operation over the said 67.1390 hectares, in respect of which surface right had been granted.

(3.) Due to lack of market demand, the petitioner discontinued the mining operation w.e.f. 15.12.2004 after informing the statutory authorities regarding temporary discontinuance. He again started mining operation w.e.f. 19.09.2007 after service of notice of reopening to the concerned authorities as required under the provisions of Rule 22(1) read with Rule 25 of the Mineral Conservation and Development Rules, 1998 (hereinafter referred to as "MCD Rules, 1988"). The statutory notification for obtaining environment clearances, namely, Environment Impact Assessment Notification dated 14.09.2006 was issued by the Ministry of Environment and Forest (MOEF), Government of India for which mining operation of the petitioner was kept in abeyance w.e.f. 08.10.2007, as the petitioner sought for environment clearance from the MOEF in respect of 67.1390 hectares, over which surface right had been granted by the competent authority.