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Orissa High Court Strikes Down Retrospective Hike in Additional Charges for Minor Mineral Leases: Upholds Sanctity of Auction Terms and Limits Executive Power Under Rule 65

Orissa High Court Strikes Down Retrospective Hike in Additional Charges for Minor Mineral Leases: Upholds Sanctity of Auction Terms and Limits Executive Power Under Rule 65

Orissa High Court Strikes Down Retrospective Hike in Additional Charges for Minor Mineral Leases: Upholds Sanctity of Auction Terms and Limits Executive Power Under Rule 65

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Court’s Decision

The High Court of Orissa struck down the revised demand notices that imposed enhanced additional charges on lessees of minor mineral quarries. The court held that the imposition of such charges was not supported by law, violated the terms of the original auction process, and amounted to an arbitrary financial burden on the lessees.

Facts

Issues

The primary legal questions before the court were:

  1. Whether the government had the authority to retrospectively revise the additional charges after lease agreements had been executed.
  2. Whether Rule 65 of the Orissa Minor Minerals Concession Rules, 2016, empowered the government to impose such additional financial liabilities.
  3. Whether the revised demand was contrary to the bidding process and violated the principles of fairness and transparency.
  4. Whether the government’s argument that the enhanced charge was needed for revenue purposes had any legal basis.

Petitioners’ Arguments

The petitioners, through their legal counsel, presented the following arguments:

Respondent’s Arguments

The government, represented by its counsel, defended the revised demand with the following points:

Analysis of the Law

  1. Rule 27 of the Orissa Minor Minerals Concession Rules, 2016:
    • This rule outlines the procedure for granting quarry leases.
    • Sub-rule (15) mandates that the additional charge must be specified at the time of auction and cannot be arbitrarily changed later.
    • The government’s attempt to revise the charge post-auction violated this provision.
  2. Rule 65 of the Orissa Minor Minerals Concession Rules, 2016:
    • This rule allows the government to issue instructions to remove administrative difficulties.
    • The court noted that this rule cannot be used to introduce new financial liabilities on lessees, as it does not grant the power to alter contracts unilaterally.
  3. Lease Agreement Clauses:
    • The government relied on a clause requiring lessees to pay a “differential amount” if applicable.
    • The court ruled that this clause only applied to royalty payments, not additional charges.

Precedent Analysis

The court examined past judgments on similar issues and reaffirmed key principles:

Court’s Reasoning

The court’s key findings were:

Conclusion

The High Court quashed the revised demand notices, ruling that the enhanced additional charge was:

The writ petitions were allowed, and the demand notices were set aside.

Implications

Also Read – Delhi High Court Enhances Compensation for Injured Appellant in Motor Accident Case: “Housewives Should Be Classified as Skilled Workers, Functional Disability Assessment Upheld”

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