Sabina Yesmin Begum vs State Of West Bengal & Ors
2023 Latest Caselaw 4454 Cal

                  IN THE HIGH COURT AT CALCUTTA
                 CONSTITUTIONAL WRIT JURISDICTION
                          APPELLATE SIDE


The Hon'ble JUSTICE BIBEK CHAUDHURI


                            WPA/24961/2012

                          Sabina Yesmin Begum
                                   -Vs-
                       State of West Bengal & Ors.

      For the Petitioner:      Mr. Mir Anawar, Adv.


Heard on: 24 July, 2023.
Judgment on: 24 July, 2023

BIBEK CHAUDHURI, J. : -

1.    The petitioner was granted mining lease by virtue of a deed of lease

executed on 16th May, 2008 and registered on 3rd July, 2008 in respect of

plot No.363(P) of Mouza Manikhati, J.L No.158, Police Station and District

Burdwan. After completion of requisite formalities, possession of lease

hold land was delivered in favour of lessee of the petitioner on 11th

November, 2008. The deed of lease was scheduled to expire on 10th

November, 2013. On 1st October, 2012 the petitioner filed an application

for renewal of mining lease under Rule 12(2) of the West Bengal Minor

Minerals Rules, 2002. By an order dated 2nd November, 2012 the

Additional District Magistrate-cum-DL and LRO, Burdwan rejected the

application filed by the petitioner for renewal of mining lease on the

ground   that   vide   notification   No.809/CI/0/MM-84/11     dated   1st
                                        2



December, 2011, Rule 5 to Rule 16 have become not applicable in case of

river bed materials, by virtue of amendment of WBMM Rules, 2002.

2.    The said notification dated 1st December, 2011 is under challenged

in the instant writ petition.

3.    I have heard the learned Advocate for the petitioner. The learned

Advocate for the State respondent has not taken any step and remained

absent when the matter was taken up for hearing.

4. Therefore, the instant writ petition is disposed of on the basis of

averment made in the instant writ petition and submission made by the

learned Advocate for the petitioner.

5. It is not in dispute that long term mining lease was granted by the

State Government in favour of writ petitioner by permitting them to

extract sand from the river bed of Damador in respect to the land

mentioned in the deed of lease on the payment of royalty and deed rent as

per the rate prescribed in the Schedule-I framed under the Rule 20 of the

West Bengal Minor Minerals Rules, 2002. The lease was granted with a

renewal clause, giving option to the lessees to apply for renewal within a

specified time before expiry of the leases. The petitioner applied for

renewal of her lease in terms of the renewal clause contained in the lease

deed. Her application was rejected, by referring to the amended provision

of the West Bengal Minor Minerals Rules, 2002 which was introduced in

the year 2011, during the continuance of the leases of the petitioner. The

amendments were 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.

6. The vires of the amended provisions of Rule 5 to Rule 16 of WB

Minor Minerals Rules, 2002 was challenged before the Division Bench of

this Court in WP 16526(W) of 2013. By a judgment dated 4th July, 2014

the Division Bench of this Court was pleased to hold that the impugned

decision taken by the concerned authority in refusing to grant the renewal

of lease in favour of the petitioner, is illegal and liable to be set aside. The

concerned authority was directed to consider the petitioner's application

for renewal in the light of the provision contained in Rule 12 of the West

Bengal Minor Minerals Rules, 2002 and take its ultimate decision in this

regard without applying the provisions of the amended rules which have

already declared ultra vires.

7. As this Court is bound by the decision of the Division Bench in WP

16526(W) of 2013, the impugned order dated 2nd December, 2011 passed

by the Additional District Magistrate and DL and LRO, Burdwan is set

aside and quashed.

8. The ADM and DL and LRO, Burdwan is directed to consider and

dispose of the petitioner's application for renewal of mining lease in

accordance with Rule 12 of the West Bengal Minor Minerals Rules, 2002

within 60 days from the date of communication of this order.

9. It is made clear that the petitioner is also required to pay royalty

and/or dead rent and/or other fees realizable from them as per Rule 20 of

the West Bengal Minor Minerals Rules 2002 for the period during which

the lease will continue as per the deeming provision of Rule 12(6) of the

West Bengal Minor Minerals Rules, 2002. With the above order the

instant writ petition is disposed of.

10. There shall, however, be no order as to costs.

(Bibek Chaudhuri, J.)