Calcutta High Court (Appellete Side)
Molla Abdul Odud vs The State Of West Bengal & Ors on 25 January, 2023
January 25, 2023
ARDR
(45)
WPA 8511 of 2022
Molla Abdul Odud
Vs.
The State of West Bengal & Ors.
Adv. Susanta Kumar Rakshit,
...for the petitioner.
Adv. Md. T. M. Siddiqui,
Adv. D. Sahu,
...for the State.
Heard learned counsels for the parties.
It is contended on behalf of the petitioner that
pursuant to an order passed by a coordinate Bench of this
Court in WP No.15898 (W) of 2012 filed by one Swapan
Sarkar, the District Magistrate, Bankura by an order
passed on 2nd May, 2013 granted long term mining lease
for a period of two years to several lessees including the
present writ petitioner in respect of an area of 4.25 acres
fixing a minimum annual target for extraction of sand at
80,000 cubit feet per acre. Provisional grant order was
accordingly issued in favour of the petitioner. The
petitioner submitted the draft deed along with requisite
fees, income tax and sales tax clearance affidavits before
the District Magistrate requesting necessary steps to be
taken by the latter. The petitioner was requested to submit
environment clearance certificate from the appropriate
authority in respect of the mining lease for taking further
course of action and by a letter issued on 16 th February,
2022, the Additional District Magistrate and District Land
2
& Land Reforms Officer, Bankura, resent the mine plan
and progressive mine closure plan of the petitioner to the
Senior Geologist, Director of Mines and Minerals for taking
necessary action as per relevant rules. The petitioner
submitted several representations before the concerned
authority, last of them being on 24 th March, 2022,
requesting modification of the grant order and grant of
mining lease for a period of five years instead of two years
and return of the approved draft deed for the purpose of
obtaining environment clearance certificate as required
under the law.
Learned counsel for the petitioner has placed
reliance upon the authority in Deepak Kumar etc. vs.
State of Haryana etc. & ors. in I.A. Nos. 12-13 of 2011 in
Special Leave Petition nos. 19628-19629 of 2009 wherein
the Hon'ble Supreme Court has recommended issuance of
mining lease for a minimum period of five years. The
authority also contains key recommendations for grant of
mining lease and observes that all State Governments/
Union Territories have to give due weight to the said
recommendations of the MoEF which are made in
consultation with all the State Governments and Union
Territories.
The petitioner prays for a direction upon the
concerned authority to consider the representation
submitted by him in the light of the observations made by
the Hon'ble Supreme Court in the authority referred to.
3
It is submitted on behalf of the State respondents
that the lease was granted in favour of the petitioner in
2013 and the legal scenario has undergone sea change
since then. Learned counsel submits that Additional
District Magistrate and District Land & Land Reforms
Officer, Bankura, being the 4th respondent herein, be
directed to consider the representation submitted by the
petitioner in accordance with law as well as in the light of
the observations made by the Hon'ble Supreme Court in
the judgment referred to above.
In the view of the above, the writ petition being WPA
8511 of 2022 is disposed of directing the 4 th respondent to
consider and dispose of the representation submitted by
the petitioner dated 24th May, 2022 within one month from
the date of communication of this order upon affording
reasonable opportunity of hearing to all the interested
persons including the petitioner, in accordance with law
and in the light of the observations made by the Hon'ble
Supreme Court in the authority referred to earlier.
There shall however, be no order as to costs.
Since no affidavit is invited, the allegations contained
in the petition are deemed not to be admitted.
Urgent certified website copy of this order, if applied
for, be furnished to the parties upon compliance of
necessary formalities.
(Suvra Ghosh, J.)
