HISTORICAL BACKGROUND

Renewal of the mining lease in favor of the petitioner. The Hon’ble High Court of Odisha have disposed of the writ applications with a direction to the State Government to pass fresh orders on the application of the petitioner, dated.01.11.1994 for renewal of the lease. In case the State Government passes orders renewing the lease in favour of the petitioner dated 01.11.1994 for renewal of the lease application of the petitioner dated 1.11.1994 and direct the state Government to reconsider the said application of the petitioner afresh in accordance with law and pass fresh orders by 31.08.2004 in case the petitioner applies to the state Government for operating the mining lease pending orders to be passed by the state Government on the application for renewal in accordance with the judgment, it is open for the state Government to consider the same and pass appropriate orders.

MMDE Act-8(A)(6)

• On and from the date of the commencement of the mines and minerals (Development and Regulation) Amendment Act, 2015, all mining leases shall be granted for the period of fifty years.
• 07.04. 2004. The Hon’ble High Court of Orissa vide a common order dated 07.04.2004 in OJC No.15764 of 1998 and OJC No.3121 of 1999 had quashed the order dated 12.02.1999 of the state Govt. in rejecting the RML application dated 01.11.1994 and directed the State Govt. to reconsider the RML application afresh in accordance with law and pass fresh orders by 31.08.2004 and also directed that State Govt. may grant working permission, if applied by the lessee pending consideration for grant of the RML. The operating part of the order dated 07.04.2004 is as follows: “in case the petitioner applies to the state government for operating the mining lease pending orders to be passed by the State Government on the application for renewal in accordance with the judgment, it is open for the State Government to consider the same and pass appropriate orders” the MMDR Amendment Act, 2015 8A. On and from the date of the commencement of the Mines & Minerals (Development and Regulation) Amendment Act, 2015, all mining lease shall be granted for the period of fifty years.
• 05.02.2005 & 06.01.2006. The DDM, Joda allowed Shri B.C. Deb to work the mines with a condition that the mining activities should be confined to non- forest land only over which surface right permission has been accorded and after the forest area broken prior to 25.10.1980 is indentified and demarcated in the filed through joint verification by the DFO, Tahasildar and DDM. The aforesaid permission was granted after the joint verification work was completed and the broken-up map was signed by the concerned authorities