SHYAMALI HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner applied for a long term mining lease for extraction of sand in Mouza - Mirchoba under the Police Station and District - Purba Burdwan. Initially, the lease was granted for a period of five years on 28/12/2006. The deed of lease was executed on 26/4/2007 for a period of five years. Subsequently, the said lease was extended for a period of further five years on 23/7/2012. Before expiry of the extended period the petitioner by a letter dtd. 8/2/2016 applied for renewal of the said lease which was scheduled to be expired on 28/8/2016. By a letter dtd. 22/2/2016 issued by the Additional District Magistrate and District Land and Land Reforms Officer, Burdwan his prayer for renewal of lease was kept in abeyance till the disposal of a mandamus appeal filed by the State Government being MAT 2037/2014.

(2.) The petitioner has annexed an order sheet of a proceeding initiated in respect of the prayer for renewal of mining lease on the basis of an order passed in WP No. 24290 (W) of 2013 in the matter of Payel Chowdhury v. State of West Bengal. In the aforesaid writ petition a Coordinate Bench of this Court vide order dtd. 20/8/2014 directed the respondent to decide and dispose of the application for long term mining lease by six weeks upon giving opportunity of hearing to the petitioner or his authorized representatives and to pass reasoned order and to communicate the same within two weeks from the date of passing of the order. Finally, vide order dtd. 7/7/2015 long term lease was renewed in favour of the said Payel Chowdhury, petitioner of WP No. 24290 (W) of 2013 on the following grounds: -

(3.) The petitioner applied for renewal of the mining lease to the appropriate authorities in September, 2012 but renewal had not been made in view of the Notification dated December 01, 2011 by which Rules 16A and Rule 16B have been introduced to the West Bengal Minor Mineral Rules, 2002. For this reasons, the instant petitioner moved before the Hon'ble High Court, Calcutta. In the meanwhile, the Hon'ble High Court has struck down Rule 16A and Rule 16B of WBMM Rules, 2002. The State has already preferred an appeal in MAT 2037 of 2014 by challenging the said order dtd. 04/07/2014 in W.P. No. 16526 of 2013. No stay has so far been granted in the said appeal.