India: Odisha Government files Counter Affidavit in 50:50 Case

Mechanism will be ready in the stipulated time.

Bhubaneswar: The Odisha government on 17 Jun, 2014 has filed a counter affidavit in the Odisha High Court against the review petition filed by the Federation of Indian mineral Industries (FIMI) in 50:50 case. In its affidavit, the government has assured the court that it will come up with a suitable mechanism to implement the order before the stipulated time.

On the behalf of the state government, Mr. Brundavan Behera, Joint Secretary at Steel & Mines department, has filed the counter affidavit in the court. In its counter affidavit, the government has said that the court judgment dated 2Apr, 2014 does not suffer from any errors to warrant a review.  The state government on the other hand is in the process of evolving a procedural mechanism for exercise of its right of pre-emption under rule 27(1) (m) of the MCR and the same is likely to come in force within the stipulated time period.

In its affidavit the government has argued that the petitioner seeks to protect the interest of a handful of mining lessees, who have profited from the scarce and non-renewable public resource.

The High court on 2 Apr, 2014 has given its verdict in favor of the Odisha government’s Dec’12 order that   mandates sale of 50% minerals to the state based units. However, FIMI on behalf of the miners have filed a review petition in the court requesting for a review of the judgment. 


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