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TMI Blog2017 (3) TMI 1905X X X X Extracts X X X X X X X X Extracts X X X X ..... ation had accrued in favour of the petitioner after passing of the approval order dated 18.11.2011, it cannot be said that the grant of approval was mere formality by which the petitioner had acquired no right. As such, we are of the opinion that by passing of the order of approval dated 18.11.2011, a substantive right had accrued in favour of the petitioner, and for revocation of the said order, the authority ought to have complied with the principles of natural justice. In the present case, from the mere reading of the impugned order dated 08.01.2015, it is clear that the same has been passed on the basis of the communication of the State Government dated 25.01.2014, and no reason whatsoever has been assigned in the order dated 08.01.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kar, A. Sethy and R.R. Swain, Advocates For the Respondent : B.P. Pradhan, Additional Government Advocate JUDGMENT Vineet Saran, C.J. 1. An original mining lease for extraction of iron ore was granted on 14.09.1955 for a period of 30 years over an area of 297.444 hectares. Prior to one year of expiry of the lease period, i.e., on 25.07.1984, an application for first renewal of lease for a further period of 20 years was made, which was for a reduced compact area of 194.196 hectares. Thereafter, an application for second renewal was made by the petitioner on 02.09.2004, which was also for a further period of 20 years, over an area of 194.196 hectares. The relevant paragraph 2(viii)(b) of the application (Annexure-26 serie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng activities. The said order of the Divisional Forest Officer is not the matter of concern in this writ petition, as the same is under challenge in another Writ Petition (C) No. 4953 of 2014, which is pending. 4. Then, on 25.01.2014, the Special Secretary to Government of Odisha wrote to the Assistant Inspector General of Forests, Government of India, Ministry of Environment and Forest requesting the Government of India to take steps for revocation of the forest clearance order granted to user agency for 173.039ha. vide Stage-II order dt. 18.11.2011 in the total mining lease area of 194.196ha. and to advise the user agency to apply for forest area falling within the reduced approved lease area of 134.733ha. for which terms and conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad been granted in favour of the petitioner by order dated 18.11.2011, the same could not have been withdrawn without issuing show cause notice and giving opportunity of hearing to the petitioner. It has also been submitted that the impugned order does not contain any reason whatsoever and has been passed without application of mind and in a mechanical manner by merely following the request of the State Government. It has further been contended that by order dated 25.01.2014, on the basis of which the impugned order dated 08.01.2015 has been passed, the State Government had itself permitted the petitioner to make a fresh application for reduced area of 134.733 hectares instead of 173.039 hectares and, as such, according to learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 2-A of the Forest (Conservation) Act, 1980, and thus, this writ petition is liable to be dismissed on the ground of availability of alternative remedy. 9. We have heard learned counsel for the parties at length and carefully perused the records. In our view, in the facts of the present case, it cannot be said that by grant of approval vide order dated 18.11.2011 no right had accrued in favour of the petitioner. From the perusal of the order dated 22.11.2012 by the Divisional Forest Officer, whereby the mining operation of the petitioner had been stopped, it is very clear that after grant of approval on 10.11.2011, the petitioner had commenced mining operation, and once the right of commencement of mining operation had accr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prior to passing of the impugned order. It is well settled law that once a right has accrued in favour of a party, the same can be withdrawn only after complying the principles of natural justice, which has not been done in the present case. A bare reading of the impugned order dated 18.01.2015 would show that, while revoking the approval granted on 18.01.2015, no reason has been assigned. 11. Franz Schubert said- Reason is nothing but analysis of belief In Black's Law Dictionary, reason has been defined as a- faculty of the mind by which it distinguishes truth from falsehood, good from evil, and which enables the possessor to deduce inferences from facts or from propositions. It means the faculty of rational thou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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