SARBESWAR BEHURA VS. UOI & ORS-Civil SLP-FINAL 19-12-19

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SYNOPSIS
That the present Special Leave Petition is filed against the final
Judgment and order dated 18.06.2018 passed in W.P. (C) No.
18589 of 2017 passed by the Hon'ble High Court of Orissa at
Cuttack, whereby the Hon'ble High Court was pleased to dismiss
the Writ Petition filed by the Petitioner.
The short questions arise for consideration of the present Special
Leave Petition are:
1. Whether the Hon’ble High Court has erred in law in not
observing that in view of the circulars issued by the
Respondent No. 2 from time to time which clarifies that
Respondent No. 8 is accountable and responsible for illegal
quarry activities, and however he himself was conducting the
proceeding against the lessee i.e. Respondent No. 12, thereby
misusing his official power to exonerate the lessees and
himself. Hence the attempt to lease out the Sairats as
aforementioned is nothing but a preplanned attempt to wipe
out the evidences?
2. Whether the Hon’ble High Court has erred in law in
observing that in view of the letter issued by the Respondent
No. 2 that any quarry activity will be detrimental to craven
rock, the act of the Respondent No. 8 to lease the quarry for
mining is against the establishment of project, as such goes

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against the interest of the Respondent No. 2 as well as
Respondent No. 1?
3. Whether the Hon’ble High Court has grossly erred in law in
not considering that the advertisement 09.08.2017 in respect
of Serial No 2 to 5 and Serial No 13 to 21 to be declared as
illegal and operation of quarry in Dankari Hill may kindly be
enquired into by any independent agency?
4. The Hon’ble High Court has held in the judgment that “All
the communications state that illegal mining in that area
should be stopped which is absolutely justified because no
illegal mining can be permitted in any area”. Then how does
the impugned judgment passed by the Hon’ble High Court is
sustainable in the eyes of law?
5. Whether the Hon’ble High Court grossly erred in law in
failing to consider the substantial elements in the present
case i.e. Respondent No. 8 vide a letter dated 25.10.2011
directed that no quarry holder shall operate any wagon
blasting in the interest of safety of people, whereas the
Respondent No. 6 vide a letter dated 03.10.2015 sought a
team of doctors to take steps against the diseases in the area
due to unsafe drinking water and pollution. Thereafter, the
Respondent No. 8 also wrote a letter to the Respondent No.
12 to not operate stone quarry without Environmental
Clearance and consent to operate. The Respondent No. 1

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also issued a letter dated 23.03.2017 to the Respondent No.
2 wherein it was stated that strategic petroleum reserve is to
be constructed at Chandikhol in Orissa and no quarry
activites should be permitted within a zone of 500 metres
around the site. However, the Respondent No. 2 also issued
a letter dated 02.02.2017 to the Respondent No. 6 to stop
illegal mining in the above buffer zone?
6. Whether the Hon’ble High Court has erred in law in not
observing the fact while passing the impugned judgment that
no reply to the representation made by the Petitioner herein
was made by the any of the Respondents?
7. Because the Hon’ble High Court erred in law in not
considering that there were many Writ Petitions filed by the
Petitioner herein and the Respondents and all the Writ
Petitions are connected and arose from the same cause of
action and passing order in one without taking into
consideration the report in sealed cover in another case is
illegal and arbitrary.
Hence the present Leave Petition.
LIST OF DATES
29-01-2003 The Dankari village in the district of Jajpur under
Dharmasala Tehsil had natural resources like six
thousand acres of Hill area, forest containing

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medicinal plants and minor resources like granite
and, black stone. The Revenue authorities had
authorized persons for extraction of minor
resources and its transportation either by
negotiation or lease but the authorities failed to
ensure the safety of the local people and their
property in surrounding. The Black stone quarry
in Dankari Hills to the extent of an area Ac-41.50
decs was leased out in favour of Respondent No.
12 on long term basis for three years from
01.11.2002 to 31.10.2005 as per provisions of
Mines and Mineral concession rules 1990, on
negotiation basis.
Year 2004 The Orissa Mines and Mineral Concession
Rules 2004 came in to Operation repealing the
earlier Orissa. Mines and Mineral Concession
Rules 1990.
22.12.2005 The lease granted in favour of Respondent No. 12
was renewed from 01.11.2005 to 31.10.2008,
without any auction.
24.10.2008 Thereafter, the lease pertaining to the quarry was
renewed for the second time in favour of
Respondent No. 12 from 01.11.2008 to
31.10.2011 and no auction was made.

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25.11.2008 The Respondent No. 2 issued a circular vide
MM.58/07(Pt.II) 49695/R&DM dated 25.11.2008
for monitoring of operation of Sairat Sources. A
copy of the circular dated 25.11.2008 issued by
the Commissioner & Secretary of Revenue and
Disaster Management Department, Govt. of
Orissa is annexed herewith and marked as
ANNEXURE-P-1 (page 24 to 27).
07.04.2009 In 2009 the Respondent No. 2 also issued a
circular vide MM.11/0915827/R&DM dated
07.04.2009 for irregularities in management of
Sairat Sources. A copy of the circular dated
07.04.2009 issued by the Commissioner &
Secretary of Revenue and Disaster Management
Department, Govt. of Orissa is annexed herewith
and marked as ANNEXURE-P-2 (page 28 to 30).
Year 2010 Thereafter the Respondent No. 2 issued a circular
vide MM.17/11__________/R&DM dated ________
for action to be taken for illegal/unauthorized
mining operations in the State. A copy of the
circular No. NN-17/11 dated ‘Nil’ issued by the
Commissioner & Secretary of Revenue and
ANNEXURE-P-3 (page 31 to 32) [Please

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confirm the date and Circular details as the
same is not mentioned in the annexure]
25.01.2011 The Respondent No. 2 also issued a circular vide
MM.63/2010(Pt.) 4123/CSR&DM dated
25.01.2011 for control over illegal and
unauthorized quarrying operations. A copy of the
circular dated 25.01.2011 issued by the
Commissioner & Secretary of Revenue and
ANNEXURE-P-4 (page 33 to 40)
15.07.2011 The application for renewal of the lease was
submitted by Respondent No. 12 which was
rejected in view of the circular No-1470 dated
06.09.2008 issued by the Board of Revenue,
Odisha, Cuttack.
25.10.2011 The Respondent No. 8 instead of taking any
effective action issued a letter requesting to stop
illegal blasting as due to use of wagon blasting
the houses in the village and nearby villages
generated cracks. A copy of the letter dt-25-10-
2011 issued by the Tahsildar, Dharmasala is
annexed herewith and marked as ANNEXURE-P-
5 (page No.41)
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10.01.2012 Aggrieved by the illegal action of the Respondents
different persons of the locality herein
approached the Hon’ble High Court of Orissa,
wherein seeking appropriate relief. The Petitioner
also approached the Hon’ble High Court of Orissa
vide Writ Petition (C) 715/2012.
16.05.2012 The Hon’ble High Court after perusal of the report
of the S.P. Vigilance, Cuttack while considering
the W.P.(C) No-715/2012 was pleased to direct:-
“In this view of the matter, the Collector
(O.P.No-3) is requested to consider the
report of the Vigilance Department, examine
the same and take necessary action for the
alleged violation of the provisions of the
OMMC Rules. It is open for the Vigilance
Department to examine the report and take
necessary criminal action against the
persons who are involved in the offence by
investigating into the matter. The Crime
Branch has to do the required investigation
and the same has to be filed in a sealed
cover.”
05.12.2012 The auction of the Dankari hill mining
quarry/Sairat was knocked down in favour of

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Respondent No. 12 and lease agreement was
executed in his favour for the period 26.11.2012
to 25.11.2017.
Year 2014 Thereafter the Orissa Minor Mineral Concession
Rules were amended and hence the provision for
granting long term lease of Sairats through public
auction/tender was only mechanism left.
30.07.2014 The Hon’ble High Court of Orissa took notice of a
similar matter and initiated suo-moto PIL which
is numbered as W.P. (C) No-13916/2014 and
directed for filing of affidavits by the Respondent
No. 6 and 8. The order dated 30.07.2014 passed
in the writ petition is reproduced below for
reference of this Hon’ble Court.
“Perused the news item published in the
daily news paper “Dharitri dated 28-07-
2014 regarding unrestricted mining
activities and destruction of hills and
mountains resulting in revenue loss to
Government.
The aforesaid said news reveals that
without any auction, illegal supply of stone
from Baghua mountain of Dharmasala
continues unabated. The local

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administration is in slumber and is not
taking any steps for protecting the same. It
further reveals that recently a huge stone
sliding occurred due illegal blasting in
Dankari Mountain. From one mining spot,
41 acres of area has been encroached by an
influential person and the illegal supply of
stone is continuing. More than rupees 20
lakhs of monthly revenue of the government
is being lost by the illegal supply of sand
from Panturi to Imamnagar and
Raghunathpur sand supply Zone for years.
The mountains of Dharmasala of Jajpur
district are diminishing day-by-day due to
unlawful basting.
Considering the gravity of the news item as
stated above, this Court directs the
Collector, Jajpur, Superintendent of Police,
jajpur and the Tahasildar, Dharmasala to
file affidavits individually on or before
5.8.2014”
A translated copy of the news published on
28.07.2014 is annexed herewith and marked as
ANNEXURE-P-6 (page 42 to 44) and a copy of
the order dated 30.07.2014 in W.P. (C)

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13916/2014 by the Hon'ble High Court of Orissa
at Cuttack is annexed herewith and marked as
ANNEXURE-P-7 (page 45 to 46)
18.08.2014 The Respondent No. 9 intimated Respondent No.
12-lessee to submit the application for
Environmental clearance.
03.12.2014 In view of the inaction and callous attitude of the
Respondents who were competent to take care of
the situation in view of the legal provision,
circulars and guide lines of Respondents, the
people of the locality were compelled to bear
undue hardship in their day to day life. The said
news came from time to time again and again in
the different News papers of the state. A copy of
the News Report ‘OHRC Seeks Info from Govt on
Kidney Deaths’ Published on 03.12.2014 is
annexed herewith and marked as ANNEXURE-P-
8 (Page 47 to 49).
Year 2014 The Respondents though well are aware of the
same being in connivance with the miscreants
deliberately avoided to perform their duties.
03.10.2015 However, there are serious health hazards like
Kidney diseases and T.B spread in the locality
due dust pollution and contamination of water

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resources. The ADM Jajpur advised the CDMO to
enquiry about the matter but no effective steps
were taken to protect the people from the said
disease. A copy of the letter dated 03.10.2015
issued by the Collectorate, Jajpur is annexed
herewith and marked as ANNEXURE-P-9 (Page
50 to 51)
26.11.2015 The Respondent No. 9 issued instruction to the
Respondent No. 6 to stop mining activities of
Dankari quarry by Respondent No. 12 for non
submission of Environment clearance forthwith.
27.11.2015 The quarrying operation continued without any
valid Environmental clearance and clearance
from the Respondent No. 3 herein causing severe
air and water pollution in violation of Air
(Prevention and Control of Pollution) Act and
Water (Prevention and Control of Pollution) Act.
The Respondent No. 3 as per instruction of the
Respondent No. 9 issued order dated 27.11.2015
to stop operation of the mining/Quarry by
Respondent No. 12. A copy of the order dated
27.11.2015 issued by the office of Tahasildar
Dharmasala is annexed herewith and marked as
ANNEXURE-P-10 (Page 52 to 53).

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Year 2016 The Government further amended the Orissa
Minor Mineral Concession OMMC Rules.
28.05.2016 The Respondent No. 6 & 8 issued a demand of
fine of Rs 58, 62,79,633.50/- to Respondent No.
12 due to illegal, excess extraction of the stone
from quarry against the allotted quantity, return
filed and lease granted. A copy of Notice No. 1878
dated 28.05.2016 issued by the Office of the
Tahasildar, Dharmasala is annexed herewith and
marked as ANNEXURE-P-11 (Page 54 to 55).
27.09.2016 Thereafter the Petitioner herein has obtained
information under Right to Information Act, 2005
that it has been proposed to take disciplinary
action against the erring of Government Officials,
such as ten numbers of R.I., ten numbers of
Tahasildar and Six numbers of Sub-Collector. A
copy of Letter No. 4023 dated 27.09.2016 issued
by the Collectorate, Jajpur is annexed herewith
and marked as ANNEXURE-P-12 (Page 56 to 57)
02.05.2017 The Respondent No. 1 after survey choose
Dankari Hill at Chandikhol of Odisha for its
Phase-II Strategic Petroleum Reserves Project and
its Secretary accordingly issued instruction to
other Respondents to stop quarry activities in

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Dankari Hill and area within 500 meters buffer
Zone, with further instruction that any quarrying
activity will be detrimental to the cavern rock
project. It has also been intimated that the land
would be acquired soon after approval of the
Cabinet which was duly intimated by the
Respondent No. 6 & 8. Respondent No. 8 has also
directed the RI to inspect appropriate action. A
copy of letter dated 02.05.2017 issued by the
Joint Secretary to the Govt. is annexed herewith
and marked as ANNEXURE-P-13 (Page 58 to 59)
23.03.2017 The Respondent No.1 herein intimated
Respondent No.2 herein and Respondent No. 6
that Dankari Hill has been chosen for
underground unlined rock cavern Project, in
Strategic Petroleum Reserve Project, Phase-II and
requested to stop any short of quarrying activity
at the identified location and within 500 meters,
Bufer Zone around the site.
09.08.2017 The Respondent No.8 issued advertisement No-
3601 (3500) dated 09.08.2017 in Odia daliy News
Paper and uploaded the same on website also
inviting applications for tender of 22 numbers of
quarry in the jurisdiction of the Tehsil including
12 quarries in and around Dankari. A copy of the

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letter No. 3601 dated 09.08.2017 issued by the
Office of the Tahasildar, Dharmasala is annexed
herewith and marked as ANNEXURE-P-14 (page
No.60) and A copy of Letter No. 3599 dated
09.08.2017 issued by the Tahasil Office
Dharamasala is annexed herewith and marked as
ANNEXURE-P-15 (Page 61 to 63)
Year 2017 However the Petitioner had made a
representation before the Respondents for the
said purpose seeking to consider the matter and
take necessary steps to safe guard the life and
property of the habitants all around but no reply
was given by the Respondents. A copy of
Representation dated ‘Nil’ submitted before the
Superintendent of Police, CID, CB Buxibazar,
Cuttack and ors is annexed herewith and marked
as ANNEXURE-P-16 (Page 64 to 69)
31.08.2017 As no reply received, the Petitioner herein had no
option left but to preferred a Writ Petition before
the Hon’ble High Court of Orissa by way of Writ
Petition bearing no. W.P. (C) 18589/2017 without
awaiting any further order as the date for opening
of the tender as afore said has been fixed to be
dated 30-08-2017. A copy of the Writ Petition (C)
(PIL) No. 18589 of 2017 dated 31.08.2017 filed

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before the Hon'ble High Court of Orissa, Cuttack
is annexed herewith and marked as ANNEXURE-
P-17 (Page 70 to 89)
18.06.2018 The Hon’ble High Court without considering the
crucial facts and evidences was pleased to
dispose of the W.P. (C) 18589/2017 with the
wrong observation:-
“Since the Petitioner has not placed on
record any document to show that the
Governmental Department/ Revenue
Department has prohibited carrying on
mining activities in the said area thus in
our view under the garb of shopping illegal
mining, we cannot restrain the opposite
parties from auctioning the area where
mining can be permitted as per law”.
.12.2019: HENCE THE PRESENT SPECIAL LEAVE

PETITION.
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(CONSOLIDATED PETITION)
IN THE HIGH COURT OF ORISSA: CUTTACK
(Original Jurisdiction Case)
W.P. (C) (PIL) No. 18589 of 2017
Code No. 219900
IN THE MATTER OF: An application under Article 226 of the

Constitution of India
AND
IN THE MATTER OF: An application challenging the illegal
advertisement No. 3601 dt. 09.08.2017
(Annexure-9) issued by the Tahasildar
Dharmasala (O.P. No.8) for holding auction
to lease out the Sairats (Stone quarry) in
and around Dankari Hills in the district of
Jajpur, i.e. the site marked and selected for
the Strategic Petroleum Reserve-II Project,
ignoring the letter/instruction issued by
Union of India not to take any quary
operation in the area:
AND
IN THE MATTER OF: An application seeking for a direction to
opposite parties to produce all the relevant
materials for the satisfaction of this Hon'ble
Court as regards to action taken against the
erring personnel responsible for illegal
quarrying and extraction minor mineral like
Black stone, blasting of hills using
explosives, taking quarry activities beyond
the leased out area for the period 2003 to
2015, to recover the loss sustained by the
state and measures taken to safe guard the
life and property of the local
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people/inhabitants, historical monuments,

medical plants/environment prior to
issuance of advertisement for auction of the
quarry in Dankari hills;
And
IN THE MATTER OF: Sarbeswar Behura aged about 48 years S/o
Kangali Behura, At-Saroi, P.S. Dharmasala,
Dist. Jajpur.
… Petitioner
Versus
1. Union of India represented though it’s
Secretary to in Department of Petroleum
and Natural Gases.
2. State of Odisha, represented through its
Secretary to Government, Department of
Revenue, Secretariat Building,
Bhubaneswar, Dst.- Khurda.
3. State of Odisha represented through its
Forest and Environment, At-Secretariat
Building, Bhubaneswar, Dist.- Khurda.
Health and Family Welfare, At- Secretariat
5. Revenue Divisional Commissioner, Central
Zone, At- Revenue Building, Cuttack, P.O.
Chandinchowk, P.S. Lalbag, Town/Dist-
Cuttack.
6. Collector-Cum-District Magistrate, Jajpur,
At- Collectorate Building, Jajpur,
PO/P.S./Dist.- Jajpur.
7. Sub-Collector, Jajpur, At- Collectorate
Building, Jajpur, PO/P.S./Dist. Jajpur.
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8. Tahasildar, Dharmasala,
At/P.O./P.S. Dharmasala, Dist.- Jajpur.
9. Member Secretary, State Pollution Control
Board, At/PO Bhubaneswar-12, Khurda.
10. Deputy Director Mines, At PO-Jajpur Road,
Dist-Jajpur.
11. Director General Vigilance, Odisha, At/PO
Buxibazar, Dist. Cuttack.
12. Sribash Jena, S/o Muralidhara Jena,
At-Saroi, P.S. Dharmasala, Dist- Jajpur.
… Opposite Parties.
W.P. (C) No. 18589 OF 2017
09. 18.06.2018
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This is a writ petition filed in the nature of Public
Interest Litigation praying for quashing of the advertisement
dated 09.08.2017 for grant of lease for mining in certain
areas having been shown at Sl. Nos.1 to 5 and 15 to 21 of
the advertisement filed as Annexure-9 to the writ petition.
2. Learned counsel for the petitioner has vehemently submitted
that there are several orders and letters issued by the State
Government and the Central Government with regard to
stopping of illegal mining being carried on in the said area.
He specifically relies on the communication dated
02.05.2017 issued by the Government of Odisha in this
regard whereby the Collector, Jajpur has been requested to
take immediate steps to stop the illegal mining of minerals in
that area.
3. By the advertisement, which is impugned in this writ
petition, it has been stated that lease/licence for mining is to
be given on payment of requisite royalty. In fact, the whole
issue is with regard to stoppage of illegal mining in the area,
which is alleged to be carried on for a substantial period as it
appears from various communications which have been filed
with this petition. From no such document filed along with
the petition, learned counsel for the petitioner has been able
to show that the mining in that area is not to be permitted.
All the communications merely state that illegal mining in

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that area should be stopped, which is absolutely justified
because no illegal mining can be permitted in any area. By
the advertisement, which is impugned in this writ petition,
the petitioner is particularly aggrieved by the areas shown at
Sl. Nos.1 to 5 and 15 to 21, and has thus prayed that this
area should not be given for mining.
4. Since the petitioner has not place on record any document to
show that the Government Department/Revenue
Department has prohibited carrying on mining activities in
the said area, thus, in our view, under the garb of stopping
illegal mining, we cannot restrain the opposite parties from
auctioning the area where mining can be permitted as per
law.
As such, we do not find any merit in this writ petition, which
is dismissed accordingly.
Sd/-
(VINEET SARAN)
Chief Justice
Sd/-
(DR. B.R. SARANGI)
Judge
TRUE COPY
IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
(ORDER XXI, RULE 3(1) (A))

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(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)
SPECIAL LEAVE PETITION (CIVIL) NO. OF 2019
WITH PRAYER FOR INTERIM RELIEF
POSITION OF PARTIES
BETWEEN IN HIGH COURT IN THIS COURT
Sarbeswar Behura Petitioner Petitioner

S/o Kangali Behura,
R/o At-Saroi, P.S.-Dharmasala,
Dist-Jajpur.
Odisha
AND
1. Union of India Resp. No.1 Resp. No.1

Through it’s Secretary
Ministry of Petroleum and
Natural Gas
Shastri Bhavan,
New Delhi
2. State of Odisha, Resp. No.2 Resp. No.2

Through its Secretary
Department of Revenue,
Secretariat Building,
Bhubaneswar, Dist -Khurda.
Odisha
3. State of Odisha Resp. No.3 Resp. No.3

Department of Forest and
Environment,
At- Secretariat Building,
Bhubaneswar, Dist- Khurda.
Odisha
4. State of Odisha Resp. No.4 Resp. No.4

Department of Health and
Family Welfare,
At- Secretariat Building,
Bhubaneswar, Dist- Khurda.
Odisha
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5. The Revenue Divisional Resp. No.5 Resp. No.5

Commissioner,
Central Zone,
AT-Revenue Building,
Cuttack, P.O-Chandnichowk,
P.S.-Lalbag, Town/Dist-Cuttack.
Odisha
6. The Collector-Cum-District Magistrate,

Jajpur, At-Collectorate Building,
Jajpur, PO/P.S./Dist-Jajpur.
Odisha Resp. No.6 Resp. No.6
7. The Sub-Collector, Jajpur,

At-Collectorate Building,
Jajpur, PO/P.S./Dist-Jajpur.
Odisha Resp. No.7 Resp. No.7
8. The Tahasildar, Dharmasala,

At/P.o/P.S.-Dharmasala,
Dist- Jajpur. Odisha Resp. No.8 Resp. No.8
9. The Member Secretary,

State Pollution Control Board,
At/Po-Bhubaneswar -12,
Khurda. Odisha Resp. No.9 Resp. No.9
10. The Deputy Director Mines,

At/Po- Jajpur Road,
Dist- Jajpur. Odisha Resp. No.10 Resp. No.10
11. The Director General Vigilance,

Odisha,
AT/Po-Buxibazar,
Dist- Cuttack. Odisha Resp. No.11 Resp. No.11
12. Sribash Jena,

S/o-Sh. Muralidhara Jena,
At -Saroi, P.S.-Dharmasala,
Dist-Jajpur, Odisha Resp. No.12 Resp. No.12/
…. Contesting Respondents
SPECIAL LEAVE PETITION UNDER ARTICLE 136
OF THE CONSTITUTION OF INDIA AGAINST THE
FINAL JUDGMENT AND ORDER DATED

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18.06.2018 PASSED IN W.P. (C) NO. 18589 OF
2017 BY THE HON'BLE HIGH COURT OF
ORISSA: CUTTACK.
To,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICE OF THE
HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE
PETITIONER ABOVE-NAMED
MOST RESPECTFULLY SHOWETH:
1. That the petitioner above named respectfully submits the
present petition seeking Special Leave to Appeal under
Article 136 of the Constitution of India against the Final
Judgment and Order dated 18.06.2018 passed in W.P. (C)
No. 18589 of 2017 by the Hon'ble High Court Of Orissa:
Cuttack whereby the Division Bench of the Hon’ble High
Court was pleased to dismiss the Writ Petition filed by the
Petitioner herein.
2. QUESTIONS OF LAW:
The following questions of law, of substantial importance,
arise for the consideration of this Hon’ble Court in the
present Special Leave Petition.

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(i) Whether the Hon’ble High Court has erred in law in not
observing that in view of the circulars issued by the
Respondent No. 2 from time to time which clarifies that
Respondent No. 8 is accountable and responsible for illegal
quarry activities, and however he himself was conducting the
proceeding against the lessee i.e. Respondent No. 12, thereby
misusing his official power to exonerate the lessees and
himself. Hence the attempt to lease out the Sairats as
aforementioned is nothing but a preplanned attempt to wipe
out the evidences?
(ii) Whether the Hon’ble High Court has erred in law in
observing that in view of the letter issued by the Respondent
No. 2 that any quarry activity will be detrimental to craven
rock, the act of the Respondent No. 8 to lease the quarry for
mining is against the establishment of project, as such goes
against the interest of the Respondent No. 2 as well as
Respondent No. 1?
(iii) Whether the Hon’ble High Court has grossly erred in law in
not considering that the advertisement 09.08.2017 in respect
of Serial No 2 to 5 and Serial No 13 to 21 to be declared as
enquired into by any independent agency?
(iv) The Hon’ble High Court has held in the judgment that “All
the communications state that illegal mining in that area

10
should be stopped which is absolutely justified because no
illegal mining can be permitted in any area”. Then how does
the impugned judgment passed by the Hon’ble High Court is
sustainable in the eyes of law?
(v) Whether the Hon’ble High Court grossly erred in law in
failing to consider the substantial elements in the present
case i.e. Respondent No. 8 vide a letter dated 25.10.2011
directed that no quarry holder shall operate any wagon
blasting in the interest of safety of people, whereas the
Respondent No. 6 vide a letter dated 03.10.2015 sought a
team of doctors to take steps against the diseases in the area
due to unsafe drinking water and pollution. Thereafter, the
Respondent No. 8 also wrote a letter to the Respondent No.
12 to not operate stone quarry without Environmental
Clearance and consent to operate. The Respondent No. 1
also issued a letter dated 23.03.2017 to the Respondent No.
2 wherein it was stated that strategic petroleum reserve is to
be constructed at Chandikhol in Orissa and no quarry
activites should be permitted within a zone of 500 metres
around the site. However, the Respondent No. 2 also issued
a letter dated 02.02.2017 to the Respondent No. 6 to stop
illegal mining in the above buffer zone?
(vi) Whether the Hon’ble High Court has erred in law in not
observing the fact while passing the impugned judgment that

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no reply to the representation made by the Petitioner herein
was made by the any of the Respondents?
(vii) Because the Hon’ble High Court erred in law in not
considering that there were many Writ Petitions filed by the
Petitioner herein and the Respondents and all the Writ
Petitions are connected and arose from the same cause of
action and passing order in one without taking into
consideration the report in sealed cover in another case is
illegal and arbitrary.
3. DECLARATION IN TERMS OF RULE 3 (2):
The Petitioner state that no other petition seeking leave to
appeal has been filed by them against the impugned
judgment and order 18.06.2018 passed in W.P. (C) No.
18589 of 2017 by the Hon'ble High Court Of Orissa: Cuttack.
4. DECLARATION IN TERMS OF RULE 5:
That the Annexure P/1 to P/.. produced alongwith the
present Special Leave Petition are true copies of their
respective originals and were a part of the pleadings and the
records of the case in the High Court, against whose order
the leave to appeal is sought for, in the present Special Leave
Petition.
5. GROUNDS:
Leave to appeal is sought for on the following grounds:

12
A. Because that the impugned order passed by the Hon'ble
High Court is contrary to law and probabilities of the case.
B. Because the Hon’ble High Court has erred in not considering
the fact that the continuance of operation of the quarry
without taking safety measures to save the people from
disease may turn to epidemic leading the situation out of
control.
C. Because the Hon’ble High Court ought to have considered
that there were many Writ Petitions filed by the Petitioner
herein and the Respondents and all the Writ Petitions are
connected and arose from the same cause of action and
passing order in one without taking into consideration the
report in sealed cover in another case is illegal and arbitrary.
D. Because the High Court has erred in failing to observe that
due to operation of the quarry the local people and their
houses are likely to be damaged.
E. Because the High Court has erred in not observing that in
view of the circulars issued by the Respondent No. 2 from
time to time which clarifies that Respondent No. 8 is
accountable and responsible for illegal quarry activities, and
however he himself was conducting the proceeding against
the lessee i.e. Respondent No. 12, thereby misusing his
official power to exonerate the lessees and himself. Hence the

13
attempt to lease out the Sairats as aforementioned is nothing
but a preplanned attempt to wipe out the evidences.
F. Because the High Court has erred in failing to observe that
while the Respondent No. 1 & 2 instructed not to operate
any quarry at the site the advertisement issued by the
Respondent No. 8 causes insubordination.
G. Because the Hon’ble High Court has erred in observing that
in view of the letter issued by the Respondent No. 2 that any
quarry activity will be detrimental to craven rock, the act of
the Respondent No. 8 to lease the quarry for mining is
against the establishment of project, as such goes against
the interest of the Respondent No. 2 as well as Respondent
No. 1.
H. Because the High Court has not considered that the notice
inviting tender for auction suffers irregularities, against the
provisions of law and settled principles.
I. Because the Hon’ble High Court has erred in failing to
consider and pass the necessary orders in order to save life
and property of the inhabitants as the danger is caused from
the side of the executive.
J. Because the Hon’ble High Court has grossly erred in not
considering that the advertisement 09.08.2017 in respect of
Serial No 2 to 5 and Serial No 13 to 21 to be declared as

14
enquired into by any independent agency.
K. Because the Hon’ble High Court ought to have considered
that the Dankari Hill and its surroundings should be
preserved for the future proposed projects.
L. Because the Hon’ble High Court grossly erred in failing to
consider the substantial elements in the present case i.e.
Respondent No. 8 vide a letter dated 25.10.2011 directed
that no quarry holder shall operate any wagon blasting in
the interest of safety of people, whereas the Respondent No.
6 vide a letter dated 03.10.2015 sought a team of doctors to
take steps against the diseases in the area due to unsafe
drinking water and pollution. Thereafter, the Respondent No.
8 also wrote a letter to the Respondent No. 12 to not operate
stone quarry without Environmental Clearance and consent
to operate. The Respondent No. 1 also issued a letter dated
23.03.2017 to the Respondent No. 2 wherein it was stated
that strategic petroleum reserve is to be constructed at
Chandikhol in Orissa and no quarry activites should be
permitted within a zone of 500 metres around the site.
However, the Respondent No. 2 also issued a letter dated
02.02.2017 to the Respondent No. 6 to stop illegal mining in
the above buffer zone.

15
M. Because the Hon’ble High Court has erred in not observing
the fact while passing the impugned judgment that no reply
to the representation made by the Petitioner herein was
made by the any of the Respondents.
N. Because the Hon’ble High Court ought to direct the
Respondents to produce all the relevant/connected records
to show in order to the steps taken to save the people of the
locality from air and water pollution and diseases caused
due to such pollution.
6. GROUNDS FOR INTERIM RELIEF:
I. For that the petitioner is advised that prima facie there is a
case and balance of convenience is in his favour and there
are fair chances of success in the present Special Leave
Petition and if interim prayer is not granted, the petitioner
shall suffer irreparable loss and injury.
II. Because the Hon’ble High Court has erred in not considering
the fact that the continuance of operation of the quarry
without taking safety measures to save the people from
disease may turn to epidemic leading the situation out of
control.
III. Because the High Court has erred in failing to observe that
due to operation of the quarry the local people and their
houses are likely to be damaged.

16
IV. Because the High Court has erred in failing to observe that
while the Respondent No. 1 & 2 instructed not to operate
any quarry at the site the advertisement issued by the
Respondent No. 8 causes insubordination.
V. Because the Hon’ble High Court has erred in failing to
consider and pass the necessary orders in order to save life
and property of the inhabitants as the danger is caused from
the side of the executive.
VI. Because the Hon’ble High Court grossly erred in failing to
consider the substantial elements in the present case i.e.
Respondent No. 8 vide a letter dated 25.10.2011 directed
that no quarry holder shall operate any wagon blasting in
the interest of safety of people, whereas the Respondent No.
6 vide a letter dated 03.10.2015 sought a team of doctors to
take steps against the diseases in the area due to unsafe
drinking water and pollution. Thereafter, the Respondent No.
8 also wrote a letter to the Respondent No. 12 to not operate
stone quarry without Environmental Clearance and consent
to operate. The Respondent No. 1 also issued a letter dated
23.03.2017 to the Respondent No. 2 wherein it was stated
that strategic petroleum reserve is to be constructed at
Chandikhol in Orissa and no quarry activites should be
permitted within a zone of 500 metres around the site.
However, the Respondent No. 2 also issued a letter dated

17
02.02.2017 to the Respondent No. 6 to stop illegal mining in
the above buffer zone.
VII. Because the Hon’ble High Court ought to direct the
Respondents to produce all the relevant/connected records
to show in order to the steps taken to save the people of the
locality from air and water pollution and diseases caused
due to such pollution.
7. MAIN PRAYER
It is, therefore, most respectfully prayed that this Hon’ble
Court may graciously be pleased to:
(a) Grant Special Leave to Appeal against the final Judgment
and Order dated 18.06.2018 passed in W.P. (C) No. 18589 of
2017 by the Hon'ble High Court Of Orissa: Cuttack; and
(b) Pass such further order(s) as may be deem fit and proper in
the facts and circumstances of the case.
8. PRAYER FOR INTERIM RELIEF:
It is, therefore, most respectfully prayed that this
Hon’ble Court may graciously be pleased to:
(a) Grant ex-parte stay of operation of the Final Judgment
and Order dated 18.06.2018 passed in W.P. (C) No.
18589 of 2017 by the Hon'ble High Court Of Orissa:
Cuttack; and
18
(b) Pass such further order(s) as may be deem fit and
proper in the facts and circumstances of the case.
DRAWN BY: FILED BY
(D. BHARAT KUMAR) (GOPAL JHA)

ADVOCATE ADVOCATE FOR PETITIONER
DRAWN ON: /12/2019
FILED ON: /12/2019

SPECIAL LEAVE PETITION (C) NO. OF 2019

19
IN THE MATTER OF:
Sarbeswar Behura … Petitioner
Versus
Union of India & Ors. …Respondents
CERTIFICATE
This is to certify that the Special Leave Petition is confined
only the pleadings before the High Court whose order are
challenged and other documents relied upon in these proceedings.
No additional facts, documents or grounds have been taken
therein or relied upon in the Special Leave Petition. It is further
certified that the copies of the annexures attached to this Special
Leave petition are necessary to answer the questions of law raised
in the petition and to make out grounds urged in the Special Leave
Petition for consider of this Hon’ble Court. This certificate is given
on the basis of the instructions given by the petitioner/or person
whose affidavit is filed in support of Special Leave Petition.
Filed by
(GOPAL JHA)
Advocate for the petitioner
Filed on: /12/2019

SPECIAL LEAVE PETITION (C) NO. OF 2019
IN THE MATTER OF:

20
Versus

AFFIDAVIT
I, Sarbeswar Behura S/o-Sh. Kangali Behura, aged about 49
years R/o At-Saroi, P.S.-Dharmasala, Dist-Jajpur, Odisha,
presently at Cuttack, Odisha, do hereby solemnly affirm and state
on Oath as under:-
1. That I am the Petitioner in the captioned matter and well
conversant with the facts of the case and duly authorized
person and as such competent to swear this affidavit.
2. That the contents stated in the accompanying Synopsis and
List of Dates (Page B to P), S.L.P. (Para 1 to 8) (Page 6 to 19)
and Misc. Application for Condonation of Delay (Page 90 to
92) and Application for exemption from filing Official
Translation (Page 93 to 94) and Annexure-P-1 to P-17 (page
24 to 89) have been explained to me which I understood
and say that the contents stated therein are true and
correct to the best of my knowledge and belief and nothing
material has been concealed thereof.
3. That the Annexures are true copies of their respective

originals.
DEPONENT
VERIFICATION:
I, the above named deponent, do hereby verify that the
contents of paras 1 to 3 of the above affidavit are true and correct

21
to the best of my knowledge and belief, no part thereof is false and
nothing material has been concealed therefrom.
Verified at Cuttack on this the 20th day of December, 2019.
DEPONENT
APPENDIX
Relevant extracts of Article 226 of the Constitution of India are
reproduced herein below:

22
Article 226 of the Constitution of India
226. Power of High Courts to issue certain writs
(1) Notwithstanding anything in Article 32 every High Court shall
have powers, throughout the territories in relation to which it
exercise jurisdiction, to issue to any person or authority, including
in appropriate cases, any Government, within those territories
directions, orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibitions, quo warranto and certiorari, or
any of them, for the enforcement of any of the rights conferred by
Part III and for any other purpose
(2) The power conferred by clause ( 1 ) to issue directions, orders
or writs to any Government, authority or person may also be
exercised by any High Court exercising jurisdiction in relation to
the territories within which the cause of action, wholly or in part,
arises for the exercise of such power, notwithstanding that the
seat of such Government or authority or the residence of such
person is not within those territories
(3) Where any party against whom an interim order, whether by
way of injunction or stay or in any other manner, is made on, or in
any proceedings relating to, a petition under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all
documents in support of the plea for such interim order; and

23
(b) giving such party an opportunity of being heard, makes an
application to the High Court for the vacation of such order and
furnishes a copy of such application to the party in whose favour
such order has been made or the counsel of such party, the High
Court shall dispose of the application within a period of two weeks
from the date on which it is received or from the date on which the
copy of such application is so furnished, whichever is later, or
where the High Court is closed on the last day of that period,
before the expiry of the next day afterwards on which the High
Court is open; and if the application is not so disposed of, the
interim order shall, on the expiry of that period, or, as the case
may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be
in derogation of the power conferred on the Supreme court by
clause ( 2 ) of Article 32
TRUE COPY
ANNEXURE-P-1
Government of Orissa
Revenue and Disaster Management Department

24
No.MM.58/07(Pt.II) 49695/R&DM Date:25.11.2008
From
G V V Sarma,
Commissioner & Secretary to Government.
To
All Collectors.
Sub: Rigorous Monitoring of operation of Sairat Sources.
Sir,
It has come to the notice of the Government that there is a
need to improve the supervision and monitoring of the
operation of various Government Sairat Sources. This is
particularly so, with reference to the aspects of workmen’s
safety in the quarries being operated.
You art attention is drawn to the following provisions:
1. As per Para 54 of the tiltuinal of Tehs.ii Anzounts, it is the
primary duty of Revenue Inspectors to ascertain by local in
course .of his tour if any new sources are came into being or
an existing source is became instinct. The Revenue
Supervisors and Tehsildars in course of their tours are
required to verify by the local inquiry if the Sairat sources
are completed in all respects and whether the entries made
are correct. Whenever such verification is conducted a note
to that effect shall be recorded by the verifyinh officer in
appropriate page in the register.

25
2. The lessee is required to ensure proper maintenance of hill
slopes so as to prevent major erosion and observe all such
safeguards as provided in the Mines Act, 1952 and the Rules
and Regulations framed thereunder and the Granite
Conservation and Development Rules, 1999. (Rule 24 of the
Orissa Minor Mineral Concession Rules, 2004.)
3. The lessee is required at his own expenses to erect and at all
times maintain and keep in good condition the boundary
marks and pillars necessary to delineate the leased area
(Rule 56(ix). In case of a laterite quarry, the auction holder
shall not use power cutter or any such machinery for
excavation of laterite (Rule 56(xv). The auction holder shall
not use explosive in any manner without obtaining an
explosive license from the appropriate authority (Rule
56(xviii). The auction holder shall abide by the prevision of
Mines and Minerals (Development and Regulation) Act 1957,
Mines 1952; Explosives Act, 1884; Explosive Substances
Act, 1908. He is required to adhere to all other laws relating,
to the Working of quarries and matters affecting the safety,
health, and conveniences of persons working for quarrying
operation and of general public. Penalty permissible under
the Rules are provided clearly in Rule-68.
4. Rule-72 empowers to authorities concerned to enter and
inspect any area survey and take measurement, examining
the registers and to weigh and take measurements of minor

26
minerals lying in any quarry. In case any deficiency is
observed as a result of such inspection the lessee or the
auction holder shall not operate the quarry unless the
deficiencies are made good. The lessee is required to pay to
the Government compensation for the damages, injuries or
disturbances which has been caused by him in course of
operating the lease and shall indemnify Government against
all claims which may be made by third party in respect of
such damage, injury or disturbances.
5. The lessee is required to carry on mining in a proper, skillful
and workman-like manner in accordance with the duly
approved mining plan (Rule 25(4).
6. The lessee is required to abide the provision of all laws for
the time being in force relating to the working of mines and
matters affecting the safety, health and convenience of the
persons employed for mining and of the public. He shall also
obey all existing right of way, water and other easements and
other shall not use power cutter and other machinery in
laterite quarries. (Rule 15).
Yon are therefore request to alert all the Tehsildars to be
watchful about the provisions of these rules in actual
implementation. You are further requested to undertake a
drive to get all the quarries of minor minerals inspected and

27
verified through the competent authorities within a period of
one month.
Action taken in this regard may be reported try 11.12.2008.
Yours faithfully,
TRUE COPY
ANNEXURE-P-2
GOVERNMENT OF ORISSA
28
REVENUE & DISASTER MANAGEMENT DEPARTMENT.
No.MM-11/09 15827/R&DM Date:7.4.2009
From
G V V Sarma,
To
All Collectors.
Sub : Irregularities in management of Sairat sources.
Sir,
With reference to the above, I am to state that has come to
the notice of the Government that serious irregularities are
taking place in some Tehails with regard to Sairat sources. It
has been noticed that in eases the Demand Draft received
toward EMD has not been encashed, not credited to
Government account and has not been converted into
security deposit as required. It has also been soon in some
cases that the agreement has not been executed with the
highest bidder, even after conducting the auction.
2. This has led to extremely unprofessional situation where the
officers have no other choice but to take plan that the
prospective lessee has already started operating the Sairat
sources illegally even without executing of agreement. This is
also a difficult legal situation, as some such intending
lessees have started asking for refund of the money by taking
a plea that they have not operated the sairat source.

29
3. As yen are aware every Tahsildar is required conduct
inspection of his, own office twice a year. Every Sub-
Collector is required to conduct inspection of every Tehsil
office once a year. Inspections of Tehsils are also done by the
Collector/ADM, apart from Revenue Divisional
Commissioners and Member, Board of Revenue as per the
scale prescribed by Government letter No.28594/R
dtd.19.6.1997. If such inspections are taking place regularly,
it is difficult to see how such fundamental lapses have
occurred.
4. As several such cases has come up before Hon’ble High
Court it is becoming difficult to justify as to how such illegal
operation of Sairat sources could be possible without the
connivance of the revenue filed machinery. If such
connivance is happening the second question to be answered
is why controlling officers have not initiated disciplinary
proceedings which could result in major penalty, in respect
of such field officials.
5. You are therefore, requested to instruct all the Tehsildars
and other revenue officers in order to strictly ensure that
such lapses do not take place. It is specifically required to
ensure that all Cheques/Demand Drafts received are
credited to Government account forthwith and that all Sairat
sources must operate only with valid agreement as per the
rules.
30
6. Action taken on this circular may be intimated to this
Department latest by first week of May 2009.
Yours faithfully,
Memo No. 15828/R&DM Date: 7.4.2009
Copy to Secretary, Board of Revenue for information and

necessary action.
Memo No. 15829/R&DM Date: 7.4.2009
Copy to R.D.C.(CD), Cuttack/R.D.C.(ND),

Sambalpur/R.D.C.(SC), Berhampur for information and
necessary action.
Commissioner & Secretary to Government
TRUE COPY
ANNEXURE-P-3
BY FAX
TOP PRIORITY
Government of Orissa,
31
Revenue & Disaster management Department.
No. MM-17/11- /RDM., Dated:
From
Shri R.K.Sharma, IAS,
Commissioner-cum-Secretary to Government.
To
All Collectors.
Sub: Action to be taken for illegal/unauthorized mining operation

in the State.
Madam/Sir,
In inviting a reference to the subject cited above, I am
desired to say that there have been reports of mines owners
extending their quarry operation unauthorisedly over
Government land not allotted to them in auction basis or
other permissible mode. Such unauthorized mining
operations cannot take place without negligence or collusion
of the field revenue officials like Revenue Inspectors and
Tahasildars. It is duty of these filed revenue officials to
protect Government property and detect any unauthorized
quarrying.
Government have been pleased to direct that the local
Tahasildar and Revenue Inspectors will be held accountable
and respondents for any unauthorized/illegal quarrying
operation. Stringent action including department

32
proceedings should be taken against the Tahasildars and
Revenue Inspectors in such cases.
This may be brought to the notice of all concerned.
Your faithfully
Memo No. /RDM., dt.
Copy along with copy of U.O.I. No.202 dated.06.6.2011 of

Hon’ble Minister, Revenue and D.M. and I&P.R. forwarded to
Steel and Mines Department for information and necessary
action.
Under Secretary to Government.
Memo No. /RDM., dt.
Copy forwarded to Secretary, Board of Revenue, Orissa,

Cuttack/ALL Revenue Divisional Commissioners for
information and necessary action.
Memo No. /RDM., dt. 21.6.11
Copy to OIC(IMU) for information.

95 spare copies for Guard file)
TRUE COPY
ANNEXURE-P-4
33
Government of Orissa
Revenue & Disaster Management Department
Letter No. 4123/CSR&DM, Bhubaneswar, dated the 25 th Jan,

2011
MM-63/2010(Pt)
From
Shri R.K. Sharma, IAS
To
All Collectors.
Sub: Control over illegal and unauthorized quarrying operations.
Sir/Madam,
This is to say that there are complaints of wide spread illegal
and unauthorized quarrying operations resulting in theft of
minor minerals which causes huge loss to the Government.
This issue has also been raised in the Hon’ble Orissa
Legislative Assembly in the past.
There are sufficient provisions in the Orissa Minor Mineral
Concession Rules, 2004 to regulate and centre the minim of
minor minerals. The Tahasildars are tile Competent
Authorities for the minim minerals like ordinary clay silt,
rehmatti, ordinary sand other than used for industrial and
prescribed purposes, brick-earth, ordinary earth, moorum,
laterite slabs, ordinary boulders„ road metals including
ballasts, chips, bajri and rook fines generated from stone

34
crushers, gravels of ordinary stones and river slings and
pebbles occurring in non-forest land.
As per Role 68 of the OMMO Rules, any person found
extracting or transporting any minor mineral otherewish
than in accordance with these rules is punishable with
simple imprisonment of upto three years and/or fine of upto
Rs. 25,000/- Collector/Sub-Collector and Tahasildar are
competent to seize the minor minerals and its products
together with all tools, equipments and vehicles used in
committing such offence within their respective jurisdiction.
The offences can be compounded by the Tahasildar on
payment of an amount not exceeding the maximum amount
of fine and value of the mineral and other palpates seized as
determined by the Tahasildar. The controlling authority,
competent authority or any officer authorized by them have
power of entry and inspection under the OMMC Rules.
From the information received from Collectors in respect of
stone quarries, it is found that 22 districts have reported nil
collection of fines under Rule 68 of OMMC Rules. Only 8
districts namely Ganjam (17.27 lakh), Khurda (15.60 lakh),
Dhenkanal (13.69 lakh) Cuttack Cuttack (7.66 latch),
Mayurbhanj (6.37 lakh), Puri (1.05 lakh), Kandhamal (0.50
lakh), Rayagada (0.06 lakh) have collected fines from
unauthorized extraction of transportation of minor minerals.

35
Even in the case of these districts, the amount of the
collected is much less than the maximum fine permissible
under the OMMC Rules. For instance, from 16 unauthorized
quarries and 206 vehicles/machines seized in Khurda
district, the average amount of fine collected is only
Rs.7,025/- per case. In case of Puri district, the average fine
realized is Rs. 2227/- only.
You are instructed to review the cases of detection and
compounding under the OMMC Rules and recommend
departmental proceedings against the officer who neglected
their duties by not detecting unauthorized quarrying or
showed undue favour to the offender by compounding the
offences on payment of nominal fee.
You are also directed to take following steps for curbing the
unauthorized and illegal mining of minor minerals-
1. In order to have transparency and public scrutiny, details of
all sources of minor minerals should be displayed in the
website of the district showing the name of the bidder, plot
No. and area of the Mines, name of Minor minerals amount
of auction price/royalty paid etc. Copy of 'this information
should also be sent to this Department for display in the
Department website.
2. All the sairat sources should be clearly demarcated and
signboards should be displayed at the site giving full

36
information on the bidder, quantity authorized, area and the
period for which source has been settled, at the cost of the
bidder. The contact details (with phone number) of
Tehasildar should be written on the beard so that complaints
of unauthorized mining can be made by the public.
3. Revenue Inspector and Tahasildar/Additional Tahasildar for
the area concerned should be held accountable for any cases
of theft of Minor minerals.
4. Squads should be constituted at the district and sub-
divisional level to conduct surprise checks at the sairat
sources and check the vehicles transporting minor minerals.
Transit passes should also contain the time of dispatch of
the material and should be Verified during the surprise
checks.
5. Monthly review should be made in the district revenue
meeting on the caste detected and action should be taken for
violation Of OMMC Rules.
6. All the Sariat Sources should be auctioned well in advance of
the financial year. Next higher authority should visit the not-
settled sources and satisfy himself that no unauthorized
quarrying is going on at the source.
7. All un-authorised sources should be either settled, if in non-
objectionable sites or mining therein should be stopped
through regular checks.

37
8. In the unlikely event of any source remaining not settled, the
signboard thereon should be pained showing the status of
the source.
9. All the complaints of unauthorized quarrying should be
enquired within 48 hours and result intimated to the
petitioner as well as the next higher authority of the officer
receiving the complaint.
10. Depending on the potential of the sairat source, the Sub-
Collectors, Tahasildars and Revenue Inspectors should be
assigned to regularly visit the sairat sources under their
control and also take all steps for preventing unauthorized
quarrying. The Collectors should assign such responsibility
amongst the officers by a written order. Collectors and
ADM’s should also conduct supervisory checks to ensure
compliance.
A copy of the statement showing the area and collection of
sairat and the amount of fine collected in respect of stone
quarries is enclosed for your reference.
You are instructed to take all out steps for preventing the
illegal and unauthorized quarrying of minor minerals. Action
taken should be reported to the Department on monthly
basis.
Yours faithfully,
Commissioner-cum-Secretary to Government
38
Encl. a/a.
Memo No.4124/CSR&DM, dated 25th January, 2011
Copy with copy of enclosures to all Revenue Divisional

Commissioner for information and necessary action. They
are instructed to review the measure taken by the Collectors
and Tahasildars during their field visits.
Commissioner-cum-Sececretary to Government
Memo No.4125/CSR&DM, dated 25th January, 2011.
Copy with copy of enclosures to Secretary, Board of Revenue,

Orissa, Cuttack for information and necessary action.
Copy with copy of enclosures to. P.S. to Minister, R&DM for

kind information of the Hon’ble Miter, R&DM.
copy With copy Of enclosures to Special Secretary/US.

(LR&GE.)
39
Stone Quarries-Sairat Sources and Fine Collected
SI. Name of the Area 2010- Unautho- FIR’s Trunks/ Fine

No. District 11 rized qua- Filed collected
(Acre (Rs.in ries vehicles/ (Rs in
s) Lakh) detected lakh)
Machines
sized
1. Angul 775 39.09 - - - -
2. Balasore 365 483.07 - - - -
3. Bargarh 373 26.68 - - - -
4. Bhadrak - - - - - -
5. Bolangir 357 46.91 - - - -
6. Boudh - - - - -
7. Cuttack 252 20.36 5 5 61 76.60
8. Deogarh 32 3.60 - - - -
9. Dhenkanal 78 11.33 31 56 13.69
10. Gajapati 566 18.56 - - - -
11. Ganjam 3188 138.29 - - - 17.27
12. Jagatsingh - - - -
pur
13. Jaipur 497 38.26
14. Jharsuguda 252 22.54
15. Kalahandi 77 3.08
16. Kandhamal 2 0.07 2 0.50
17. Kandrapara - - - - - -
18. Keonjhar 567 104.30 - - - -
19. Khurda 14 13.48 16 02 2.06 15.60
20. Koraput 238 96.51 - - - -
21. Malkanagiri 88 1.04 - - - -
22. Mayurbhan 479 185.80 - - - 6.37

j
23. Nuapada 198 228.09 - - - -
24. Nawarangp 90 11.97 - - - -

ur
25. Nayagarh 209 17.01 - - - -
26. Puri 143 1-87 12 4 39 1.05

40
27. Rayagada 2798 46.76 5 5 0.07
28. Samabalpu 864 46.36 - - - -

r
29. Subarnapur 158 5.72 - - - -
30. Sundargarh 553 96.12 - - - -
TOTAL 13,2 1813.8 39 11 421 131.15

13 7
TRUE COPY
41
ANNEXURE-P-5
OFFICE OF THE TAHASILDAR, DHARMASALA
No .3308 (3) Date.25.10.2011
To
R.I. Dankari/Aruha/ Balarampur-II
Sub:-Regarding wagon blasting
It has come to my notice that, some quarry holders are
operating wagon blasting in their quarry areas which will
hamper safety of people.
It is therefore, directed to inform all the quarry holders not to
operate any wagon blasting hence forth.
This may be strictly adhere to.
Tahasildan, Dharmasala
Memo No.3309 Date. 25.10.2011
Copy submitted to Sub-Collector, Jaipur for favour of kind

information and necessary action.
Tahasildan, Dharmasala
TRUE COPY
42
ANNEXURE-P-6
Fearless Excavation, Mountains’II diminish into soil.
Government Losses Revenue
Chandikhol, 27/7 (D.N.A.)- Time limit of Auction is
over. Still mountain destruction continues. Illegal supply
of Black granite stone, chips, metal and Bajuri still
continues. Govt. losing more than 3 Crores of revenue.
Inspite of legal restrictions regarding mountain blasting
and excavation, the stone mafias fearlessly making
excavation. This type of situation seems to be seen at
Dharmasala Tahasil of Jajpur district mountains. Illegal
blasting causes severe vibration in this area. It seems
administration closes its eyes by knowing this. These
seems to be complete destruction.
Without having any auction from Baghua mountain of
Dharmasala, illegal supply of stones continues. In the
other end it is complained in public that Administration
is silent by taking ransom amount of monthly money.
The then Special Secretary and Director of
Environment Mr. Bhagirathi Behera of State Govt. had
written a letter to Jajpur Collector regarding illegal
blasting and sound pollution on 23th June, 2010. It
has been directed to take quick and stern action about
the illegal activities by this letter. By many compulsions,
it has been directed to the S.P. and Tahasil by the

43
administration to carry out the order. But the result in
zero. Illegal blasting continues as before. Nearly
hundreds of villages in the nearby area, the walls of
houses are jerking by the effect of blasting. On 17 th
January, 2013, a huge stone sliding happened due to
illegal wagon blasting in Dankari mountain. Still then
the Administration is sleeping knowingly. Last year, fear
awakened among the mafias when the then R.D.C.,
raided on illegal supply of Bairi Mankada Stone (Red
dotted stone). From one mining spot of 41 acres of area
has been possessed by an influenced person and the
illegal supply of stones is running by illegal means. More
than 20 Lakhs of monthly revenue of Orissa Government
is being lost by supply of sand from Panturi of Imamnagar
and Raghunathpur sand supply zone for years and
years. It is complained in public that the auctioneers
have extended their time period by illegal means. The
beautiful mountains of Neulpur and Boudh, where
illegal supply of Morram (Small red chips) was there
which was intervened by Hon'ble High Court and
Vigilance investigation was also made.
The mountains of Dharmasala of Jajpur district is in
diminishing condition due to unlawful blasting. Still there
is no eye-catching actions been taken. Day by day, the hills
of Dharmasala is going to be destructed. Jajpur district

44
Collector Mr. Maheswar Panigrahi has said the District
Administration is ready to put on hold to the illegal
supply of stones
Moram.
TRANSLATED COPY
ANNEXURE-P-7
45
HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 13916 of 2014
30.07.2014
Perused the news item published in the daily newspaper
“Dharitri” dated 28.07.2014 regarding unrestricted mining activities
and destruction of hills and mounting resulting in revenue loss to
Government.
The aforesaid said news item reveals that without any auction,
illegal supply of stone from Baghua mountain of Dharmasala continues
unabated. The local administration is in slumber and is not taking any
steps for protecting the same. It further reveals that recently a huge
stone sliding occurred due to illegal blasting in Dankari mountain.
From one mining spot, 41 acres of area has been encroached by an
influential person and the illegal supply of stone is continuing. More
than rupees 20 lakhs of monthly revenue of the government is being lost
by illegal supply of sand from Panturi to Imamnagar and Raghunathpur
sand supply zone for years. The mountains of Dharmasala of Jajpur
district are diminishing day-by-day due to unlawful blasting.
Considering the gravity of the news item as stated above, this
Court directs the Collector, Jajpur, Superintendent of Police, Jajpur
and the Tahasildar, Dharmasala to file affidavits individually on or
before 5.8.2014.
The Registry is directed to send the order and the brief by fax
message or e-mail to the aforesaid offers, by tomorrow.
Put up this matter on 5.8.2014.

46
A copy of the brief be also served on Mr. B.P. Pradhan, learned
Addl. Government Advocate for onward communication.
Sd/-
TRUE COPY
ANNEXURE-P-8
47
OHRC SEEKS INFO FROM GOVT ON KIDNEY DEATHS
December 3rd, 2015
Post News Network
Jajpur, Dec 3: Taking cognizance of 22 kidney ailment
deaths in Dankari village under Dharmasala tehsil here due
to extensive granite mining from Nischinta and Dankari hills
and presence of stone crusher units, the Orissa Human
Rights Commission (OHRC) issued notices to the secretaries
of three departments seeking a report from them Thursday.
The rights body in its letter (4323/2015) has asked the
principal secretaries of steel and mines, forest and
environment and the member secretary of the Orissa State
Pollution Control Board (SPCB) to probe and report on the
deaths within three weeks.
The matter being a sensitive one the rights body has asked
the secretaries to carry out an on-the-spot investigation and
report on the issue. The action came after social activist
Sarbeshwar Behura of Saroi village filed a complaint with the
panel over reports published in Orissa Post.
The letter further states that severe environmental problems
have surfaced in Dankari and its outskirts due to illegal
wagon drilling in Dankari hill. This has led to a rise in

48
kidney ailments, cancer and tuberculosis cases in the area
and has resulted in over 22 deaths in last two years. The
village home to over 150 Dalits and tribals has become
unsafe for human habitation due to illegal blasting in the
hill. The stone blasting has damaged their houses triggering
panic in the area.
The villagers had taken up the matter with the district
administration several times for redress of their problems,
but in vain. Over 15 persons have been affected by kidney
ailments and are undergoing treatment. Having lost their
kidneys, five of them are battling for their lives.
Besides, the entire groundwater within 20 km radius of the
hill has become polluted and rendered unfit for consumption
due to use of toxic chemicals in wagon drilling.
The stone crusher units have been operating without
obtaining clearance from the forest and environment
department. They have set up several godowns on the
foothills and have illegally stored chemicals like ammonia
nitrate, electrical cap and other harmful chemicals for use in
wagon drilling method.
Earlier, on an order by the High Court, the state Crime
Branch had started an inquiry into the matter. The district
collector had also visited Dankari, Nischinta and Bajabati

49
hills and taken stock of the situation. The district
administration has imposed prohibitory orders under CrPc
Section-144 in the area and imposed ban on quarrying due
to lack of forest and environmental clearance.
TRUE COPY
ANNEXURE-P-9
50
COLLECTORATE: JAJPUR
Ph. 06728-222001 (O), 222330 ®, FAX-222087
E-mail : dm-jaipur@nic.in, website : www.jajpur.nic.in
JUDICIAL SECTION
No. 2558/ Date 03.10.2015
To
The Chief District Medical Officer
Jajpur
Sub: Kidney affected diseases and T.B. at Dankari village and the
surrounding area under Mahisara G.P.
Sir,
It has come to the notice of the District Administration that
some persons of Dankari village and of adjacent surrounding
area have expired due to kidney affected diseases and T.B.,
the reason of which is mostly due to unsafe drinking water
and environment pollution of the area.
You are therefore requested to please depute a team of
doctors immediately to the spot and take preventive steps to
arrest spread of such diseases the locality. The Executive
Engineer, RWSS, Chandikhole and Regional Offier, State
Pollution Control Board, Kalinga Nagar are being asked to
take preventive steps in this regard.
Yours faithfully
Additional District Magistrate
Jajpur
Memo No2560, Date 03.10.2015

51
Copy forwarded to the. Executive Engineer, RWSS,
Chandikhole for information and necessary action. He is
requested to visit the village and ensure earfy supply of safe
drinking water to the local inhabitants as preventive steps to
restrain further spread of such diseases.
Jajpur
Memo No2560, Date 03.10.2015
Copy forwarded to the Regional Officer, State Pollution
Control Board, Kalinga Nagar/ BDO, Dharmasala/
Tahasildar, Dharmasala/ Medical Officer, Dharmasala
CHC/Dy. Director, Mines far information and necessary
action.
Jajpur
TRUE COPY
ANNEXURE-P-10
52
No 5408 Date 27/11/2015
To
Sri Sribash Jena
S/o Late Muraildhar Jena
of Village Sarol P.O. Haridaspur Dist. Jaipur
Sub:-Operation of illegal stone quarries of Jaipur District without
obtaining consent to establishment and operate without
submission of Environment Clearance in Sairat Case
No.91/2012-143 Dankari Black Stone Quarry
Ref:. This office letter No. 3386 dated. 26.11.2015,
In continuance of thus office letter under . reference am to
say that, in the meantime in response to This office letter No
3225 dated 6.11.2015 Regional Officer, SPCB, Common
Facility Center, JCD Kalinganagar, Jaipur has been please to
intimate vide his letter bearing No 3349 dated 26.11.2015
address to the Collector, Jaipur (Copy enclosed) that the
stone quarry should not be operating without having
necessary 'Environmental clearances and Consent to operate
issued from the Board, with a request to take necessary
action against Dankari Black Stone Quarry of Sri Sribash
Jena and to stop Mining activities forthwith
Hence, you are further 'directed to stop -mining activities -
forthwith until received of the Environment Clearance
Tahasildar, Dharmasala
53
Memo No. 3409 Date. 27/11/2015
Copy submitted to the Sub-Collector, Jaipur for favour of

kind information and necessary action.
Memo No.3410 Date. 27/11/2015
Copy submitted to the Collector & D.M., jaipur for favour of

kind information and necessary action.
Memo No.3411 Date. 27/11/2015
Copy of the Regional Officer, SPCB, Common Facility Centre,

JCD Kalinganagar, Jaipur for information and necessary
action.
TRUE COPY
ANNEXURE-P-11
54
No. 1878 Date. 28/5/2016
To,
Sri Sribash Jena S/o Late Muralidhar Jena of Village Saroi

P.O. Haridaspur Dist. Jajpur
Sub:-Deposit of differential royalty for extraction of Black Stone

from Dankari Black Stone Quarry vide Sairat Case No.91 of
2012-13
On allegation, the Deputy Director, Mines Jajpur-Road was
requested by the District Administration vide District Office
letter No. 5547 dated 03.12.2015 to make enquiry in to
sairat source through his Mining Officer to assess the
volume of Blank Stone extracted since operation of the
Dankari Blank. Stone Quarry. Accordingly he has submitted
his report vide his letter No. 514 dated 15.03.2016 to the
District Administration. As per his repot about 73,38,012,50
Cu.M of Blank Stone have already been extracted from the
above sairat source.
It is reveled from the record that, you have taken the said
source from year 2002-03 to 2015-16 (up to November 2015)
and deposit a sum of Rs,6,64,89,908,00 towards royalty
against an extraction of Rs. 14,15,996,00 Cu.M of Black
Stone as per return submitted by you. As the source was
lease out since 2002-03 to 2015-16 only in your favour, you
are hereby directed to deposit the differential royalty as
calculatedbelow:-
55
i) Black Stone extracted (up to Nov. 2015) 73,38,012.5

Cu.M
ii) Payment made for 14,15,996 Cu.M
iii) Balance to be paid @ 99/- per Gu.M for 59,22,016.5

Cu.M
59,22,016,60 Cu.M x Rs. 99.00 = Rs. 58,62,79,366,50
(Rupees Fifty eight crore sixty two lakh seventy nine
thousand six hundred thirty three & fifty paisa) only.
Hence, you are directed to deposit differential royalty of Rs.
58,62,79,633.50 within 15 days after received of this
demand notice. Failing which action will be taken as per
provision of law.
Memo No. 1879 (2) Date. 28/5/2016
Copy submitted to the Collector & D.M., Jajpur/Sub-
Collector, Jajpur for favour of kind information and
necessary action with reference to the District Officer
LETTER No.2262 dated 18.05.2016.
TRUE COPY
56
ANNEXURE-P-12
COLLECTORATE, JAJPUR
Ph.06728-222001 (O), 222330 ®, Fax-222087
E. mail: dm-jajpur@nic.in. web site : www.jajpur.nic.in
(Rev. Section)
Letter No. 4023 Date 27.9.16
To
The P.I.O, Jajpur
Sub- Supply of information under R.T.I Act .
Ref- Your letter No 1964 dt 09.09.2016
Sir,
With reference to the letter on the Subject cited above, I am
to say that, the details of action taken report is as follows:
1. As per instruction of the gove in Revenue & D.M Department
Letter No 20430 dt 4.7.2016, the name of the erring Sub-
Collectors and Tahasildars have been submitted to the
Govt in revenue & D.M Deparmtent vide this office letter No
3314 dt 06.08.2016 and letter No 3381 dt 11.08.2016
respectively for drawal of proceedings against them. The
Xerox copy of the said letter is enclosed herewith to supply
the same to the applicant.
2. Similarly, as per the instruction of the Govt in Revenue &
D.M Department in the aforesaid letter, the name of the
erring Revenue Inspectors have been sent to the Deputy
Collector, Establishement, Collectorate, Jajpur for drawal of
proceeding against them. The Xerox copy of the said letter

57
and list of Revenue Inspectors is also enclosed herewith to
supply the same to the applicant. Clarification has been
sought for from the Govt in Revenue & D.M Department,
whether any coercive action can be taken against lessee,
when the stay order passed by the Hon’ble High Court is in
force.
Yours faithfully
Deputy Collector, Revenue
Collectorate, Jajpur
TRUE COPY
58
ANNEXURE-P-13
GOVERNMENT OF ODISHA
REVENUE AND DISASTER MANAGEMENT DEPARMTENT
No. RDM-LRGEC-0003-2017-14073/R&DM Dated 2.05.17
From
Sri Avaya Kumar Nayak, OAS(S)
Joint Secretary to Government
To
The Collector, Jajpur
Sub: Phase II Strategic Petroleum Reserves Project at Chandikhol,

Dist Jajpur
Sir,
I am directed to enclose herewith a copy of the Letter No. Nil
dtd. 23.3.2017 of Joint Secretary, Ministry of Petroleum &
Natural Gas, Government of India on the subject cited above
and to say that Chandikhol of Jajpur District has been
selected by Ministry of Petroleum & Natural Gas, Govt. of
India for construction of one SPR of 4.4 million Metric Ton
under Phase, II of the Strategic Storage programme. The
Storage will be in underground unlined rock caverns and is
proposed to be connected to the Paradip Refinery Complex
through an integrated pipeline system. The storage facilities
will be located underneath the Dankari Hill with minimal
surface footprint. But it is reported that quarrying activity
(including illegal quarrying activity) at the indentified
location as well as within the buffer zone of 500 meters

59
around the site is going on. and that would be detrimental to
the execution of the project.
You are, therefore requested to :
(1) Take immediate necessary steps to stop the illegal mining of
minerals, if any at the location as well as in the buffer zone
for execution of project in the state under intimation to this
Department.
(2) To identify the location of the project area as well as the
buffer zone, ascertain the number to legally settled sources
and the quantify of material reserved of different minor
minerals and assess the quantum of revenue loss to be
caused if the sources are stopped, and to report this
Department for taking a suitable decision in the matter by
the Government.
Yours faithfully.
Memo No. 14074 dtd. 0.05.17
Copy forwarded to joint Secretary, Ministry of Petroleum &

Natural Gas, Government of India for information and
necessary action with reference to his letter no. nil dtd.
23.03.2017.
TRUE COPY
60
ANNEXURE-P-14
NO 3601 Date 9.08.2017
To
The District Information Officer, Jajpur
Sub:-Publication of Quotation Notice in the NIC Website
Sir,
With reference to the above cited subject matter, I am to
enclose herewith two sets of quotation notice (in Odia and
English which are required to be uploaded in the NIC website
for wider publication.
This is for favour of information and necessary action.
Yours faithfully
Tahasildar, Dharmasla
Memo No Date
Copy submitted to the Sub-Collector, jajpur for favour of

kind information.
Yours faithfully
Tahasildar, Dharmasla
TRUE COPY
61
ANNEXURE-P-15
TAHSILDAR OFFICE, DHARMASALA
Notice
(OMMC Rule-2016)
No 3599 Date 9.08.2017
This is hereby informed to all concerned that under the
jurisdiction of Dharmasala Tahasil, there are 22 nos quarries
which shall be put to long term lease as per OMMC Rule -
2016 under Chapter IV and Rule 27 to Rule 33 and its Sub-
rules. Interested individuals/institutions can submit their
application in the prescribed form in seal cover in the tender
box at fahasil Office on or before 29.08.2017 at 4PM
Filled in application shall accompany demend draft from any
nationalized bank along with solvency certificate bank
guarantee. In complete application in any respect shall out
rightly be rejected. The tender box shall be opened on
30.08.2017 or 01.09.2017 or 04.09.2017 at 11.00AM at
Tahasil Office. The requisite information can be obtained
from the Web site www.jajpur.nic.in or from the Tahasil
office an all working days from 10.00.AM to 5.00PM
Tahsildar Dharmsala
62
SI. Name of the Name of Khata Plot Area Minimum Adi

No Sairat village No No guarantee t
Source d
quantity cha
1 Barada Barada 362 41(P) 6.00 10000cu 13.

Black Stone m
Quarry
No.02
2 Bajabati Bajabati 215 823(P) 7.20 10000cu 13.

Black Stone m
Quarry No.1

Black Stone m
Quarry No.3
4 Bajabati Bajabati 215 75(P) 3.00 5000cum 13.

Black Stone
Quarry No.4

Black Stone m
Quarry No.5
6 Aruha Black Aruha 779 2811 3.00 10000cu 26.

Stone m 1
Quarry No.1
7 Rahadpur Rahadpur 235 1(P) 7.00 27000cu 24.

Black Stone m 1
Quarry No.6
8 Rahadpur Rahadpur 235 1(P) 7.00 27000cu 24.

Black Stone m 1
Quarry
No.10
9 Anjira Black Anjira 416 845(P) 5.00 10000cu 21.

Stone m 1
Quarry No.6
10 Anjira Black Anjira 416 845(P) 7.50 10000cu 21.

Stone m 1
Quarry No.7
11 Anjira Black Anjira 416 941(P) 3.00 5000cum 21.

Stone 1
Quarry No.8
12 Anjira Black Anjira 416 845(P) 3.00 5000cum 21.

Stone 2
Quarry
No.18
13 Bichhakhan Bidhhakh 389 1826( 4.00 10000Cu 20.

di Black an P) m 0
Stone
Quarry di
No.21
63
14 Bichhakhan Bidhhakh 822 2338( 9.30 10000Cu 20.

di Black an P) m 0
Stone
Quarry di
No.21
15 Dhankari Dankari 221 600(P) 4.00 34000cu 111

Black Stone m
Quarry
No.5/10

Black Stone 0 m
Quarry
No.9/8

. Black Stone 0 m
Quarry
No.14

. Black Stone 0 m
Quarry
No.15

. Black Stone 0 m
Quarry
No.16

Black Stone m
Quarry
No.2/3

Black Stone m
Quarry
No.3/9
22 Mukundapu BSQ 469(AA 1332 2.00 4000cum 20.

r A) (P) 0
TRUE COPY
64
ANNEXURE-P-16
To,
The Superintendent of Police, CID, CB. Buxibazar, Cuttack.
The Secretary to Government of Odisha, Department of

Revenue & Disaster Management, At- Secretariat Building.
Bhubaneswar, Dist-Khurda.
The Chief Secretary to Government of Odisha,
At- Secretariat Building. Bhubaneswar, Dist-Khurda.
The Superintendent of Police (Vigilance) Buxibazar, Cuttack,
The Secretary Government in Department of Health and

Family welfare, At- Secretariat Building. Bhubaneswar, Dist-
Khurda.
(Sub-Regarding illegal mining in Dankari Hills under

Dharmasala Tahasil in the District of Jajpur, Odisha)
Respected Sir,
I the undersigned a resident of village Saroi which is
adjacent to the Dankari Hill, under Dharmasala Tahasil, in
the district of Jajpur, beg to draw your good Sir's kind
attention to the following and pray for necessary action.
That saicats in Dankari Hill near our village was leased out
to one Sribash Jena from 2002 to 2015.Initialy the Sairat
was settled in his favour on negotiation basis subsequently it
was settled in his favour being the highest bidder in auction.
That during the year 2008 the Government of Orissa noticed
the illegal and unauthorized mining operation in the state.
Accordingly issued instruction as regards to monitoring and
inspection of the sairats by the Revenue Officers. The
instructions also fixed the responsibility on the Revenue

65
Offices, such as Sub- Collectors, Tahasildars and Revenue
Inspectors. Taking seriousness of the issue and the loss of
Revenue the government has issued instruction from time to
time.
It is a matter of regret that the Revenue Officers in the
district of Jaipur being in hand in gloves with the lessee
deliberately ignored all the instructions issued by the higher
authorities and clarification there to. The quarry operation in
the district more particularly in Dankari Hills continued
without any Environmental clearance, using wagon
blasting ,beyond the leased area ,above the agreed limit .The
said illegal activities in course of quarrying caused heavy
financial loss to the state Revenue and simultaneously
greatly affected the local people and nature. The houses
within locality cracked, water and air got polluted. Diseases
like T.B. and Kidney infection spreads in the locality due to
air and water pollution.
In spite of several approaches by the local people to the
authorities and publication in News papers no action was
taken to mitigate the sorrows and suffering of the local
inhabitants, caused due to operation of quarry. However a
similar matter was taken up by the state Vigilance pursuant
to the direction of the Hon’ble Orissa High court passed in
W.P.(C) No - 715/2012, wherein as many as six persons has
been charge sheeted .In another mater i.e. in W.P.(C) NO -

66
13916/14 (the suo moto PIL) the Hon'ble Orissa High court
has also sought for affidavits from the state officials. Both
the Writ Petitions are pending final adjudication.
In another issue, pursuant to direction of the higher forum
the Tahasildar, Dharmasala after due enquiry though made
a demand of fine to the tune of Rs. - 58,62,79,633.50 paisa,
on Sribash Jena, same was quashed by the Hon'ble High
Court due to non following of natural justice, granting liberty
to initiate fresh action. In the subsequent proceeding
initiated and conducted by the Tahasildar it was held that
the first proceeding and demand was based on
assumption ,action can only be taken after establishment of
charges, more over for determination of illegal quarrying a
report of toposheed of quarry has been called for from the
Director of Geological Survey of India.
Sir, while the matter stood thus the state agency has not
taken a single step to stop the blasting of wagons during,
quarrying or to eradicate the health hazards caused due to
quarry operation, for which the people of locality are
apprehending danger to their lives and property, in case the
Dankari Hill Sairat is again leased out for quarry operation.
It may be pointed out here that in the mean time the Union
of India through its Ministry of Petroleum and Natural gases
has selected Dankari Hills for its Phase II strategic Petroleum

67
Reserves Project, which will be the largest underground
storage for crude oil in unlined rock caverns in the country.
The said fact has been communicated to state secretariat,
Collector Jajpur and Superintendent of Police Jajpur with
request to ear mark the area and stop any short of quarrying
activities in the located site, including the buffer zone 500
meters around it, as it will be detrimental to cavern project.
It has also been intimated in the letter that the land will be
acquired soon. The Secretariat of the state has also issued
instruction in pursuance to the letter of the Secretary of the
Union to the Collector Jajpur which turn has been forwarded
to the Tahasildar Dharmasala and R.I. concern for necessary
action. R.I.
Sir, now it is learnt that the Tahasildar Dharmasala has
issued notice/advertisement No-3600 Dt -09 -08-2017 in
daily “Sambad” circulated in Jajpur besides in the website of
the district, to the effect that the sairats (twelve Numbers) in
and around Dankari Hill will be leased out on long term
basis and invited applications for tender. It will be necessary
to mention here that out of the sairats advertised for auction,
seven is within the Dankari Hill, i.e. proposed site for
Reserve project and five are coming within the Bufer Zone of
the project.
In view of the circumstances it creates a reasonable doubt as
to why the Tahasildar is so over interested to lease out the

68
quarry ignoring the instruction of the higher authorities, to
stop any quarrying activities as it may cause difficulties in
proposed Strategic Petroleum Reserve Project and during the
proceedings Pending before the Hon'ble High Court as
regards to the illegal and unauthorized quarrying and
extraction of minerals over and excess the limit, which
causes insubordination. As it appears it might have been
done to wipe out the evidences in the case under
investigation, wherein the Tahasildar may be held
responsible it being a long term theft and illegal mining, in
view of the instruction of the Government and arraying him
as an accused can't be ruled out.
Sir, as it appears only to safe his skin the Tahasildar is
taking the people of the locality and interest of the state to
danger, hurriedly. It is more surprising that The Tahasildar
being responsible for illegal mining and illegality in course
mining against whom action should be taken as per the
circulars of the Government conducted the proceeding and
dropped it.
Sir in view of the circumstances I, for and on behalf of the
inhabitants of villagers in and around Dankari Hill, humbly
pray your good self will be gracious enough to consider the
matter and take necessary steps to safe guard the life and
property of the in habitants, get the matter investigated by
independent agency and to initiate appropriate legal action

69
the erring personnel. In view of the urgency and
apprehended eminent danger to public and proposed project
any operation of quarry in and around Dankari Hill and
auction for leasing out those sairats be stopped, till any
suitable action is taken to safe guard the public and project,
for which I and my villagers will be highly obliged.
Yours faithfully
(Sarbeswar Behura)
TRUE COPY
70
ANNEXURE-P-17
IN THE HIGH COURT OF ORISSA: CUTTACK
(Original Jurisdiction Case)
W.P. (C) (PIL) No. 18589 of 2017
Code No. 219900
IN THE MATTER OF: An application under Article 226 of the

Constitution of India
AND
IN THE MATTER OF: An application challenging the illegal
advertisement No. 3601 dt. 09.08.2017
(Annexure-9) issued by the Tahasildar
Dharmasala (O.P. No.8) for holding auction
to lease out the Sairats (Stone quarry) in
and around Dankari Hills in the district of
Jajpur, i.e. the site marked and selected for
the Strategic Petroleum Reserve-II Project,
ignoring the letter/instruction issued by
Union of India not to take any quary
operation in the area:
AND
IN THE MATTER OF: An application seeking for a direction to
opposite parties to produce all the relevant
materials for the satisfaction of this Hon'ble
Court as regards to action taken against the
erring personnel responsible for illegal
quarrying and extraction minor mineral like
Black stone, blasting of hills using
explosives, taking quarry activities beyond
the leased out area for the period 2003 to
2015, to recover the loss sustained by the
state and measures taken to safe guard the
life and property of the local
71
people/inhabitants, historical monuments,

medical plants/environment prior to
issuance of advertisement for auction of the
quarry in Dankari hills;
And
IN THE MATTER OF: Sarbeswar Behura aged about 48 years S/o
Kangali Behura, At-Saroi, P.S. Dharmasala,
Dist. Jajpur.
… Petitioner
Versus
1. Union of India represented though it’s
Secretary to in Department of Petroleum
and Natural Gases.
2. State of Odisha, represented through its
Revenue, Secretariat Building,
Bhubaneswar, Dst.- Khurda.
Forest and Environment, At-Secretariat
Health and Family Welfare, At- Secretariat
5. Revenue Divisional Commissioner, Central
Zone, At- Revenue Building, Cuttack, P.O.
Chandinchowk, P.S. Lalbag, Town/Dist-
Cuttack.
6. Collector-Cum-District Magistrate, Jajpur,
At- Collectorate Building, Jajpur,
PO/P.S./Dist.- Jajpur.
7. Sub-Collector, Jajpur, At- Collectorate
Building, Jajpur, PO/P.S./Dist. Jajpur.
72
8. Tahasildar, Dharmasala,
At/P.O./P.S. Dharmasala, Dist.- Jajpur.
9. Member Secretary, State Pollution Control
Board, At/PO Bhubaneswar-12, Khurda.
10. Deputy Director Mines, At PO-Jajpur Road,
Dist-Jajpur.
11. Director General Vigilance, Odisha, At/PO
Buxibazar, Dist. Cuttack.
12. Sribash Jena, S/O-Muralidhara Jena,
At -Saroi, P.S.-Dharmasala, Dist-Jajpur
… Opposite Parties.
The matter out of which has Writ Application arises was
never before this Hon'ble Court in its present form but a part of
the claim was in form of W.P. (C) (PIL) No.23197 of 2015, disposed
of on dt-03.05.2017 as per instruction obtained from the
Petitioner. Matters involving illegal and unauthorized operation of
quarry, extraction of the minerals beyond the limit, in violation of
terms and conditions of the lease, loss caused to the state is
pending before this Hon'ble Court in form of W.P. (C) No.
13916/2014 and W.P. (C) No.19232/2015.
To,
The Hon'ble Sri Justice Vineet Saran, LL.B Chief Justice of
Orissa High Court and His Lordship’s other companion Justices of
the said Hon'ble Court.
The humble petition of the Petitioner above
named;
MOST RESPECTFULLY SHEWETH:

73
1. That the present petition under article 226 of the
Constitution of India is being filed by way of Public Interest
litigation and the Petitioner has no personal interest. The
Petition is being filed in the interest of the people of Village
Dankari in the district of Jajpur.
2. That the Petitioner is a resident of village Sarol in the district
of Jajpur, within the jurisdiction of this Hon'ble Court and
prefers this writ petition for the benefit of the villagers of
village Dankari and nearby villages. It also involves the
interest of the State. The Petitioner has filed other PIL prior
to this Petition.
3. That the Petitioner is filing this petition on his own and not
at the instance of someone, for betterment of the village
Dankari and some adjacent village. The litigation cost,
including the of someone, for betterment of the village
Dankari and some adjacent village. The litigation cost,
including the advocate’s fees and the travelling
allowance of the lawyer, are being borne by the
petitioner himself.
4. That the facts of the case in brief are as follows:
4.1. That Dankari village in the district of Jajpur under
Dharmasala Tahasil is having natural resources like six
thousand acres of Hill area, forest containing medicinal
plants, medicinal plants and minor resources like

74
granite and black stone. The Revenue authorities have
allowed the persons for extraction of minor resources
and its transportation either by negotiation or lease. But
they did not ensure the safety of the local people and
their property .The chronological material events in
respect of the Dankari Hill Sairats, involved in the
present case:
Dt-29-01-2003- The Black stone quarry in Dankari Hills
to the extent of an area Ac-41.50 decs
was leased out in favour of one
Sribash Jena on long term basis for
the period dt-01-11-2002 to dt-31-10-
2005,of three years as per provisions
of Mines and Mineral concession rules
1990 , on negotiation basis.
Dt-22-12-2005- The lease granted in favour of Sribash
Jena was renewed for the Period dt-01-
11-2005 to dt-31-10-2008, without
any auction.
Dt-24-10-2008- The lease in respect of the quarry was
renewed for the second time in favour
of Sribash Jena for the period

75
dt-01-11-2008 to dt-31-10-2011 and
no auction was made.
Dt-15-07-2011- The application for renewal of the lease
submitted by Sribash Jena was
rejected in view of the circular No-
1470 dt-06-09-2008, of the Board of
Revenue, Odisha ,Cuttack .
Dt-05-12-2012 The auction of the Dankari hill mining
quarry/Sairat was knocked down in
favour of Sribash Jena and lease
agreement was executed in his favour
for the period 26-11-2012 to 25-11-
2017.
Dt-18-08-2014 The State Pollution Control Board
intimated Sribash Jena, lessee to
submit Environmental clearance.
Dt-26-11-2015 The State Pollution control Board
issued instruction to the Collector
Jajpur to stop mining activities of
Dankari quarry of Sribash Jena, for
non submission of Environment
clearance, forthwith.
76
Dt-23-03-2017 The Central Government in depart-
ment of Petroleum and Natural Gas,
intimated the Principal Secretary of
the Revenue Department of the state
and Collector Jajpur that Dankari Hill
has been chosen for underground
unlined rock cavern Project, in
Strategic Petroleum Reserve Project,
Phase-II and requested to stop any
short of quarrying activity at the
identified location and within 500
meters, Bufer Zone around the site.
Dt-09-08-2017 The Tahasildar, Dharmasala (O.P.No-
8) issued advertisement No-3601
(3599) dt-09-08-2017 inviting
applications for tender of 22 nos of
quarry in the jurisdiction of the
Tahasil including 12 quarries in and
around Dankari.
4.2. That during the period from 2003 to 2017 the following
circulars/instructions has been issued and changes in
legal provision was made by the Government.

77
2004- The Orissa Mines and Mineral Concession
Rules 2004 came in to operation repealing
the earlier Orissa Mines and Mineral
Concession Rules 1990.
2008-2011-Commissioner-cum-Secretary to Government
issued circulars/letters for monitoring the
quarry/Sairat sources detecting illegal and
unauthorized quarry activities. The copies of
Circulars Dt-25-11-2008, dt-07-04-2009,
dt-25-01-2011 and dt-21-06-2011 are filed
here with and marked as ANEXURE-1Series
2014- The Government Amended the Orissa Minor
Mineral Concession (OMMC) Rules,
amending the provision for granting long
term lease of Sairats through public
auction/tender only, mentioning procedure
for the same.
2016- The Government Further amended the Orissa
Minor Mineral Concession OMMC Rules.
4.3. That while the quarry is operated by Sribash Jena in
view of the lease granted or renewed since 2002 to 2011

78
and as the highest bidder in the year 2012 the following
events took place.
a. Excess mineral has been extracted illegally and
unauthorized beyond the quarry area causing
severe loss to the state Revenue.
b. Due to use of wagon blasting the houses in the
village and nearby villages generated cracks. The
Tahasildar, Dharmasala instead of taking any
effective action sit idle only issuing an
instruction / order to R.I to stop illegal blasting. A
copy of the letter dt-25-10-2011 is filed here with
and marked as ANNEXURE-2
c. The quarrying operation continued without any
valid Environmental clearance and clearance from
the Forest Department causing severe air and
water pollution in violation of Air (PCP) Act and
Water (prevention and control of Pollution) Act.
The Tahasildar as per instructin of the State
Pollution Control Board issued order dt-27-11-
2015 to stop operation of the mining/Quarry by
Sribash Jena. A copy of the order dt-27-11-2015 is
filed here with and marked as ANNEXURE-3

79
d. Serious health hazards like Kidney diseases and
T.B spread in the locality due to dust pollution
and contamination of water resources .The ADM
Jajpur advised the CDMO to enquiry about the
matter no effective steps were/are being taken till
date to protect the people from the said disease. A
copy of the letter dt-03-10-2015 is filed here with
e. In view of the inaction and callous attitude of the
authorities who are competent to take care of the
situation in view of the legal provision, circulars
and guide lines of government and higher
authority, the people of the locality were/are
compelled to bear undue hardship in their day to
day life. The said news came time and again in the
different News papers of the state. Copies of News
items published in different News papers are filed
here with and marked as ANNEXURES-5.
f. The authorities though well are aware of the same
being in connivance with the miscreants
deliberately avoided to perform their duties.
g. Challenging the illegal action of the authorities’
different persons of the locality including the

80
petitoner approached this Hon’ble Court, seeking
appropriate relief.
h. This Hon’ble Court while considering the W.P.(C)
No-715/2012, involving similar facts, after perusal
of the report of the S.P. Vigilance ,Cuttack, was
pleased to direct the State Vigilance to take
necessary criminal action against the persons
involved in the offence .The order dt-16-05-2012 is
quoted below for kind reference of this Hon’ble
Court.
“In this view of the matter, the Collector (O.P.No-3)
is requested to consider the report of the Vigilance
Department, examine the same and take
necessary action for the alleged violation of the
provisions of the OMMC Rules .It is open for the
Vigilance Department to examine the report and
take necessary criminal action against the persons
who are involved in the offence by investigating
into the matter.”
Now Vigilance Department has charge sheeted
six persons. The Writ Petition is awaiting final
adjudication
81
i. The Hon’ble Orissa High Court took notice of a
similar matter and initiated suo-moto PIL which
is numbered as W.P.(C) No-13916/2014 and
directed for filing of affidavits by the Collector
Jajpur, S.P.Jajpur and Tahasildar Dharmasala.
The order Dt-30-07-2014 passed in the writ
petition is reproduced below for reference of this
Hon’ble Court.
“Perused the news item published in the daily news
paper “Dharitri” dated 28-07-2014 regarding
unrestricted mining activities and destruction of hills
and mountains resulting in revenue loss to
Government.
The aforesaid said news reveals that without any
auction, illegal supply of stone from Baghua mountain
of Dharmasala continues unabated. The local
administration is in slumber and I s not taking any
steps for protecting the same. It further reveals that
recently a huge stone sliding occurred due illegal
blasting in Dankari Mountain. From one mining spot,
41 acres of area has been encroached by an influential
person and the illegal supply of stone is
continuing .More than rupees 20 lakhs of monthly
revenue of the government is being lost by the illegal
supply of sand from Panturi to Imamnagar and

82
Raghunathpur sand supply Zone for years .The
mountains of Dharmasala of Jajpur district are
diminishing day-by-day due to unlawful basting.
Considering the gravity of the news item as stated
above , this Court directs the Collector ,Jajpur ,
Superintendent of Police , Jajpur and the Tahasildar ,
Dharmasala to file affidavits individually on or before
5.8.2014”
The matter is awaiting final adjudication after
receipt of the affidavits
j. The Writ Petition filed W.P.(C) No-23197of 2015
assailing the illegality in respect of Dankari Hills
and same was withdrawn with liberty to file better
Writ Petition on dt-03-05-2017.
k. The Tahasildar issued a demand of fine of Rs 58,
62, 79,633.50/-to Sribash Jena due to illegal,
excess extraction of the stone form quarry against
the alloted quantity, return filed and lease granted
.The said demand notice was set-aside /quashed
by the Hon’ble Orissa High Court in W.P.(C)No-
9885/2016, preferred by Sribash Jena on the
ground that he has not been provided any prior
notice to defend the same with liberty to take

83
appropriate action afresh. Copies of the order dt-
28-05-2016 of the O.P. No-8 , is filed here with
l. That the Tahasildar, Dharmasala took up the
matter pursuant to order of Government and
dropped the proceeding on the finding that the
fact of illegal extraction is based on assumption.
Fresh auction proceeding can only be initiated
after receipt of toposheed of the quarry as on
2002-2003 From the Director Geological Survey of
India unlawful activity is established . He declined
to take any coercive action against the lessee
Sribash Jena on plea that no unlawful activity is
established.
m. The Petitioner has obtained information under
R.T.I. Act that it has been proposed to take
disciplinary action against the erring of
government Officials, such as ten numbers of
R.I., ten numbers of Tahasildar and Six numbers
of Sub- Collector. Copies of the information is filed
here with and marked as ANNEXURE-7
n. The Union of Indian after survey choose Dankari
Hill at Chandikhol of Odisha for its Phase-II

84
Strategic Petroleum Reserves Project and its
Secretary accordingly issued instruction to state
authorities to stop quarry activities in Dankari Hill
and area within 500 meters buffer Zone ,with
further instruction that any quarrying activity will
be detrimental to the cavern rock project. It has
also been intimated that the land would be
acquired soon after approval of the Cabinet which
was duly intimated by the Secretary of the state to
the Collector Jajpur and the Tahasildar
Dharmasala. Tahasildar Dharmasala has also
directed the RI to inspect field and take
appropriate action. Copies of the letters issued by
Secretary Union of India, Secretary State and the
Tahasildar are filed here with and marked as
ANEXURE-8 series
4.4- That recently Tahasildar issued advertisement No-
3601(3500) dt-09-08-2017 in Odia daily News Paper and
upload the same in website of the district inviting
bidders to participate in auction for 22 numbers of
sairats in the district where in the Sairats mentioned in
serial No-2to5 and Sl. Nos-13-21 are coming within
proposed Reserve project site and its buffer zone. A copy

85
of the advertisement is filed here with and marked as
ANNEXURE-9
5. That the source of information of the facts pleaded is based on
personal knowledge, heard from people of locality and news
published in news papers, data available in the web site of
the district.
6. That the petitioner has approached the opposite parties for
the said purpose. Since the date for opening of the tender as
afore said has been fixed to be dt-30-08-2017,in view of the
urgency the petitioner is constrained to approach this Hon’ble
Court without awaiting any further. A copy of the
representation filed by the petitioner is filed here with and
marked as ANNEXURE-10.
7. That to the best of knowledge of the petitioner no other
Public Interest Petition raising the same issue is filed before
this Hon’ble Court or before any other Court .
8. That the present petition has been filed on the following
amongst other;
GROUNDS
a. Continuance of operation of the quarry without taking
safety measures to save the people from disease may
turn to epidemic leading the situation out of control.

86
b. Due to operation of the quarry the houses of the local
people are likely to be damaged.
c. Most astonishingly, when in view of the circulars vide
Annexure -1 series Tahasildar is accountable and
responsible for illegal quarry activities, he himself is
conducting the proceeding against the lessee. Thereby
misusing his official power to exonerate the lessees
and himself. Hence the attempt to lease out the
sairats as afore mentioned is nothing but a
preplanned attempt to wipe out the evidences.
d. While the Secretary of the Union and State instructed
not to operate any quarry at the site the
advertisement issued by the Tahasildar causes
insubordination.
e. As it has already been mentioned in the letter of the
Secretary of the Union vide Annexure-8 that any
quarry activity will be detrimental to craven rock,the
act of the Tahasildar to lease the quarry for mining is
against the establishment of project, as such goes
against the interest of the State as well as the Union..
f. The notice inviting tender for auction suffers
irregularities, against the provisions of law and settled
principles.
87
g. That since life and property of the inhabitants and the
interest of the state is in danger from the side of the
executive, this Hon’ble Court should interfere into the
matter, in order to protect the interest of the state
and public, deprecate such action and pass necessary
orders for the ends of justice.
9. That the petitioner most respectfully prays that this
Hon’ble Court may be pleased to pass following order (s):
A. The advertisement vide Anexure-9 in respect of S. No-
2to5 and Sl. Nos-13-21 be declared illegal and illegal
operation of quarry in Dankari Hill may kindly be
enquired into by any independent agency.
B. The opposite parties be directed to recover the loss
sustained by the state from the persons including
officers found responsible for illegal extraction of ores,
C. The opposite parties be directed to preserve the
Dankari Hill and its surroundings for the proposed
project;
D. The opposite parties be directed to produce all the
relevant/connected records for the satisfaction of this
Hon’ble Court as regards to steps taken to save the
people of the locality from air and water pollution and
diseases caused due to such pollution.

88
PRAYER
It is therefore prayed that this Hon’ble court may
graciously be pleased to admit this writ petition , issue
RULE NISI calling upon the opposite parties to show cause
as to why:-
i) The advertisement vide Anexure-9 so far it
relates to of Sl. No-1to5 and Sl. Nos-15-21
shall not be quashed declaring illegal ;
ii) Direction shall not be issued to produce all
the relevant/connected records for the
satisfaction of this Hon’ble Court as regards
to steps taken to save the people of the
locality from air and water pollution and
diseases caused due to such pollution.
iii) Direction shall not be issued for enquiry into
the matter including the illegal operation of
quarry in Dankari Hill from the period 2002
till date by any independent agency;
iv) Direction shall not be issued to recover the
loss sustained by the state from the persons
including officers found responsible for illegal
extraction of ores,
89
v) Direction shall not be issued to preserve the
Dankari Hill and its surroundings for the
proposed proje
And if the opposite parties fail to show cause or
show insufficient cause , the said rule be made absolute in
granting the relief prayed for;
And may further be pleased to pass any other order
(s) as deem fit and proper;
And for this act of kindness the petitioner shall as in
duty bound shall ever pray.
Cuttack By the petitioner through
Date-31.08.2017
Advocate.
TRUE COPY
90
I.A. No. OF 2019

IN
IN THE MATTER OF:
Versus
APPLICATION FOR CONDONATION OF

DELAY.
To,
Petitioner herein.
91
2. That the facts of the case are not repeated hereinafter for the
sake of brevity and the same may be read as part and parcel
of this application also.
3. That the Hon'ble High Court passed the impugned order on
KINDLY STATE THE GROUNDS OF DELAY
……………………………………………………………………………..
………………………………………………………………………………
……………………………………………………………………………..
…………………………………………………………………………….
……………………………………………………………………………
…………………………………………………………………..
4. In view of the aforesaid circumstances a short delay has
occurred which is neither willful nor wanton but due to the
facts stated hereinabove. The petitioner is advised that she
has a very good case, to succeed before this Court. If the
delay is not condoned it will cause serious prejudice to the
petitioner.
PRAYER
92
It is, therefore, most respectfully prayed that this Hon'ble
(i) CONDONE the delay of days in filing the Special
Leave to Appeal against the impugned final judgment &
order dated 18.06.2018 passed in W.P. (C) No. 18589 of
2017 by the Hon'ble High Court Of Orissa: Cuttack;
(ii) PASS such other order or orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
present case;
AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL

EVER PRAY AS DUTY-BOUND
Filed by:
(GOPAL JHA)
Advocate for Petitioner
FILED ON: /12/2019
93
I.A. No. OF 2019

IN
IN THE MATTER OF:
Versus
APPLICATION FOR EXEMPTION

FROM FILING OFFICIAL
TRANSLATION.
To,
Petitioner herein.
94
2. That the facts of the case are not repeated hereinafter for the
sake of brevity and the same may be read as part and parcel
of this application also.
3. It is respectfully submitted that the Annexures-P-6 which
was in Oriya language and have been translated into English
by local advocate, who is well versed with both the
languages.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble
(a) Exempt the petitioners from filing official translation of
Annexure-P-6; and
(b) PASS such other order or orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
present case;
AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL

EVER PRAY AS DUTY-BOUND
Filed by:
(GOPAL JHA)
Advocate for Petitioner
FILED ON: /12/2019
95

(Arising out of the Final Judgment and Order dated 18.06.2018
passed in W.P. (C) No. 18589 of 2017 by the Hon'ble High Court Of
Orissa: Cuttack)
(WITH PRAYER FOR INTERIM RELIEF)
IN THE MATTER OF:
Versus
WITH
I.A. NO. OF 2018

(APPLICATION FOR CONDONATION OF DELAY)
AND
I.A. NO. OF 2018
(APPLICATION FOR EXEMPTION FROM FILING THE OFFICIAL
TRANSLATION)
PAPER-BOOK
(FOR INDEX KINDLY SEE INSIDE)
ADVOCATE FOR THE PETITIONER: GOPAL JHA

96
INDEX
Sl. Particulars of Document Page No. of part of Remarks

No. which it belongs
Part-I Part-II
(Contents (Contents
of Paper of file
Book) alone
(i) (ii) (iii) (iv) (v)
1. Court Fee
2. Office Report on Limitation A A

3. Listing Proforma A1-A2 A1-A2
4. Cover Page of Paper Book A3
5. Index of Record of Proceedings A4
6. Limitation Report prepared by A5
the Registry
7. Defect List A6
8. Note Sheet NS1 to..
9. Synopsis & List of Dates B-P
10. Arising out of the Final 1-5
Judgment and Order dated
18.06.2018 passed in W.P.
(C) No. 18589 of 2017
passed by the Hon'ble High
Court Of Orissa: Cuttack
11. SLP with Affidavit 6-21
12. Appendix: 22-23
Extracts of Article 226 of the
Constitution of India.
13. ANNEXURE-P-1: 24-27

A copy of the circular dated
25.11.2008 issued by the
Commissioner & Secretary of
Revenue and Disaster
Management Department,
Govt. of Orissa.
14. ANNEXURE-P-2: 28-30

Govt. of Orissa.
97
15. ANNEXURE-P-3: 31-32

A copy of the circular No. NN-
17/11 dated ‘Nil’ issued by the
Govt. of Orissa.
16. ANNEXURE-P-4: 33-40

Govt. of Orissa
17. ANNEXURE-P-5: 41
A copy of the letter dt-25-10-
2011 issued by the Tahsildar,
Dharmasala.
18. ANNEXURE-P-6: 42-44

A translated copy of the news
published on 28.07.2014.
19. ANNEXURE-P-7: 45-46

A copy of the order dated
30.07.2014 in W.P. (C)
13916/2014 by the Hon'ble
High Court of Orissa at
Cuttack.
20. ANNEXURE-P-8: 47-49
A copy of the News Report
‘OHRC Seeks Info from Govt
on Kidney Deaths’ Published
on 03.12.2014.
21. ANNEXURE-P-9: 50-51
A copy of the letter dated
Collectorate, Jajpur.
22. ANNEXURE-P-10: 52-53
A copy of the order dated
27.11.2015 issued by the office
of Tahasildar Dharmasala.
23. ANNEXURE-P-11: 54-55
A copy of Notice No. 1878
dated 28.05.2016 issued by
the Office of the Tahasildar,
Dharmasala.
24. ANNEXURE-P-12: 56-57
A copy of Letter No. 4023
98
the Collectorate, Jajpur.
25. ANNEXURE-P-13: 58-59

A copy of letter dated
02.05.2017 issued by the Joint
Secretary to the Govt.
26. ANNEXURE-P-14: 60
A copy of the letter No. 3601
the Office of the Tahasildar,
Dharmasala.
27. ANNEXURE-P-15: 61-63

A copy of Letter No. 3599
the Tahasil Office
Dharamasala.
28. ANNEXURE-P-16: 64-69

A copy of Representation dated
‘Nil’ submitted before the
Superintendent of Police, CID,
CB Buxibazar, Cuttack and
ors.
29. ANNEXURE-P-17: 70-89
A copy of the Writ Petition (C)
(PIL) No. 18589 of 2017 dated
31.08.2017 filed before the
Hon'ble High Court of Orissa,
Cuttack.
30. I.A. No. OF 2018 90-92
Application for Condonation of
Delay.
31. I.A. No. OF 2018 93-94
Application for Exemption from
filing Official Translation.
32. F/M 95
33. Vakalatnama 96
34. Authority Letter 97

SARBESWAR BEHURA VS. UOI &amp; ORS-Civil SLP-FINAL 19-12-19

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SARBESWAR BEHURA VS. UOI &amp; ORS-Civil SLP-FINAL 19-12-19

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Judgment and order dated 18.06.2018 passed in W.P. (C) No.

18589 of 2017 passed by the Hon'ble High Court of Orissa at

Cuttack, whereby the Hon'ble High Court was pleased to dismiss

the Writ Petition filed by the Petitioner.

The short questions arise for consideration of the present Special

Leave Petition are:

1. Whether the Hon’ble High Court has erred in law in not

observing that in view of the circulars issued by the

Respondent No. 2 from time to time which clarifies that

Respondent No. 8 is accountable and responsible for illegal

quarry activities, and however he himself was conducting the

proceeding against the lessee i.e. Respondent No. 12, thereby

misusing his official power to exonerate the lessees and

himself. Hence the attempt to lease out the Sairats as

aforementioned is nothing but a preplanned attempt to wipe

out the evidences?

2. Whether the Hon’ble High Court has erred in law in

observing that in view of the letter issued by the Respondent

No. 2 that any quarry activity will be detrimental to craven

mining is against the establishment of project, as such goes

against the interest of the Respondent No. 2 as well as

3. Whether the Hon’ble High Court has grossly erred in law in

not considering that the advertisement 09.08.2017 in respect

of Serial No 2 to 5 and Serial No 13 to 21 to be declared as

illegal and operation of quarry in Dankari Hill may kindly be

enquired into by any independent agency?

the communications state that illegal mining in that area

should be stopped which is absolutely justified because no

illegal mining can be permitted in any area”. Then how does

the impugned judgment passed by the Hon’ble High Court is

sustainable in the eyes of law?

5. Whether the Hon’ble High Court grossly erred in law in

failing to consider the substantial elements in the present

case i.e. Respondent No. 8 vide a letter dated 25.10.2011

directed that no quarry holder shall operate any wagon

blasting in the interest of safety of people, whereas the

Respondent No. 6 vide a letter dated 03.10.2015 sought a

team of doctors to take steps against the diseases in the area

due to unsafe drinking water and pollution. Thereafter, the

Respondent No. 8 also wrote a letter to the Respondent No.

12 to not operate stone quarry without Environmental

Clearance and consent to operate. The Respondent No. 1

also issued a letter dated 23.03.2017 to the Respondent No.

2 wherein it was stated that strategic petroleum reserve is to

be constructed at Chandikhol in Orissa and no quarry

activites should be permitted within a zone of 500 metres

around the site. However, the Respondent No. 2 also issued

a letter dated 02.02.2017 to the Respondent No. 6 to stop

illegal mining in the above buffer zone?

6. Whether the Hon’ble High Court has erred in law in not

observing the fact while passing the impugned judgment that

no reply to the representation made by the Petitioner herein

was made by the any of the Respondents?

7. Because the Hon’ble High Court erred in law in not

considering that there were many Writ Petitions filed by the

Petitioner herein and the Respondents and all the Writ

Petitions are connected and arose from the same cause of

action and passing order in one without taking into

consideration the report in sealed cover in another case is

illegal and arbitrary.

Hence the present Leave Petition.

29-01-2003 The Dankari village in the district of Jajpur under

Dharmasala Tehsil had natural resources like six

SARBESWAR BEHURA VS. UOI & ORS-Civil SLP-FINAL 19-12-19

SARBESWAR BEHURA VS. UOI & ORS-Civil SLP-FINAL 19-12-19

vide MM.17/11__/R&DM dated