SWAPAN SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SINCE common question of law is involved in all these writ petitions, all these writ petitions are heard analogously.

(2.) LET me indicate the basic facts involved in all these writ petitions which are necessary for proper appreciation of the dispute between the parties leading to filing of these writ petitions. Admittedly, mining leases were granted by the State Government in favour of the writ petitioners by permitting them to extract sand from different plots of land as mentioned in their respective lease deeds on payment of royalty and dead rent, as per the rate prescribed in the Schedule -I framed under Rule 20 of the West Bengal Minor Minerals Rules, 2002 (hereinafter referred to as Rules of 2002). Those leases were granted for a fixed period with a renewal clause, giving option to the lessees to apply forrenewal within a specified time before expiry of the leases. The petitioners applied for renewal of their leases in terms of the renewal clause contained in their respective lease deeds. Their applications for renewal were rejected by the concerned authority, by referring to the amended provision of the West Bengal Minor Minerals Rules, 2002 which was introduced in the year 2011, either during the continuance of the leases of the petitioners or pending consideration of the petitioners' application for renewal.

(3.) THE amendments which were made in the Rules of 2002 in 2011 become effective from 5th December, 2011. The said amendment introduced a total change in the procedure for grant of mining lease in respect of river -bed materials.