MD. HUMAYUN KABIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has assailed the order impugned passed by the District Magistrate, Birbhum on 5/2/2021, terminating the long term mining lease granted to the petitioner on 21/8/2018.

(2.) Being the highest bidder in an e-auction floated on 27/10/2016 for extraction of sand from the sand block in question and upon depositing one third of the bid amount, letter of intent was issued in favour of the petitioner on 25/4/2017 and subsequently upon completion of the official paraphernalia, deed of lease was executed in favour of the petitioner in respect of the sand block on 21/8/2017. After continuing mining operation for some time, the petitioner was verbally asked to stop operation of the sand block without any reasoned communication being made to him despite the petitioner depositing Rs.32,29,500.00 with the District Magistrate's Office. Out of transit pass/challan issued for more than 3.10 lakhs cubic feet of sand the petitioner could only utilise 0.50 lakhs cubic feet upon payment being made for the same and the remaining 2.60 lakh cubic sq.ft challan was returned to the office of the District Land and Land Reforms Officer. The lease of the petitioner was terminated prematurely on the ground that the sand block allotted to the petitioner was situated between two railway bridges and was within the restricted zone.

(3.) One Lakshman Baski who is similarly situated with the petitioner and was granted lease of a sand block in river bed Mayurakshi was accommodated in an alternative sand block as there was some difficulty and dispute in carrying on mining operation in the earlier block. The petitioner demanded equal treatment and requested grant of an alternative sand block in place of the earlier block in order to enable him to carry on mining operation but such request fell on deaf ears. The petitioner has been subjected to discriminatory and arbitrary treatment by the authority resulting in huge financial loss incurred by him as the sand block allotted to him is not operational at all.