Orissa HC raps officials for ignoring mining rules, quashes tehsildar’s order

Cuttack: Concerned over a growing number of avoidable disputes reaching the judiciary, Orissa high court has pulled up revenue authorities for continuing to exercise powers they no longer possess under amended mining laws, observing that such actions are unnecessarily burdening the system.Hearing a petition challenging the cancellation of a sand quarry lease in Jajpur district, a division bench comprising Chief Justice Harish Tandon and Justice M S Raman on June 23 noted that similar cases have repeatedly come before it despite clear legal provisions and earlier judicial pronouncements.“The spate of litigations is exploding the dockets of this court,” the bench observed while setting aside a July 17, 2023, order of the tehsildar, Vyasanagar, cancelling the lease of Nayahatapatana Baitarani river sand quarry and forfeiting the lessee’s security deposit.The high court pointed out that the Odisha Minor Minerals (Second Amendment) Rules, 2022, published in the official gazette on Dec 28, 2022, shifted authority over mining and quarry lease matters from tehsildars to the officials of the mining department. The amendment redefined the term "authorised officer" and vested powers in the director of mines and geology or officials authorised by the govt.Despite the change, revenue authorities have continued to pass orders relating to sand quarries, resulting in a series of legal challenges.

“We have been dealing with the identical cases time and again, and it is painstaking to notice that despite our decision rendering interpretation of the nuances of the amendment, the illegality and/or infirmity remains a recurring feature," the bench remarked.The judges held that once the amended rules came into force, tehsildars ceased to have jurisdiction over mining-related matters. “The moment there is a lack of jurisdiction, and if the same is exercised, such order or a decision cannot be said to be a valid order or a decision in the eye of law,” the high court said.Declaring the impugned order a nullity, the bench ruled that "any order or a decision taken by the tahasildar is per se illegal and/or a nullity for want of jurisdiction and power”.The court directed the tehsildar to transfer all records relating to the quarry to the mining department within two weeks. It also asked the mining officer to take a fresh, reasoned decision on the matter within four weeks in accordance with law.