RABINDRA CHANDRA GUHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) While disposing of the writ petition being W.P. 361(W)/99 along with CAN No. 2931/1999 on 14-12-99, I was pleased to pass the following orders :

(2.) The matter was heard in the earlier occasion and now it is placed as 'for orders'.

(3.) The learned counsel appearing on behalf of the petitioners contended that in view of a single Bench judgment and order passed in C.O. 6895(W)/90 in respect of Birbhum Brick Field Owners' Association that uniform fixation of royalty at a particular rate and without making any classification as to places and regions of different parts of West Bengal having regard to the market price of the earth of those places, is absolutely unreliable and absurd. The quality of finished bricks depends upon the quality of the earth, so their prices varies according to quality. In this respect the learned single Bench has also followed a decision of the Supreme Court reported in 1997 (9) SCC 495 : (AIR 1997 SC 128) and thereafter directed the State of West Bengal in exercise of its power to fix the royalty on extraction of the earth clay for manufacturing bricks place wise and region wise to the market price of the earth clay of all the places where bricks are manufactured. The important part of the judgment and order is that after so many observations it is indicated that