State of West Bengal vs Chiranjilal (Mineral) Industries of Bagandih

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 853

SANJIV KHANNA, ARAVIND KUMAR
State of West Bengal – Appellant
Versus
Chiranjilal (Mineral) Industries of Bagandih – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Anand Grover, Sr. Adv. Ms. Astha Sharma, AOR Mr. Srisatya Mohanty, Adv. Ms. Anju Thomas, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Mr. Shreyas Awasthi, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Bhanu Mishra, Adv. Ms. Muskan Surana, Adv.
For the Respondent(s):Respondent-in-person

Table of Content
1. details of mining lease applications and history. (Para 1 , 2)
2. overview of legal arguments presented by parties. (Para 3 , 4)
3. analysis on statutory provisions affecting mining lease. (Para 6 , 8 , 10 , 12 , 14 , 15 , 16)
4. final ruling on execution of mining lease. (Para 22)

JUDGMENT :

SANJIV KHANNA, J.

This appeal, by way of special leave, takes exception to the judgment of the division bench of the High Court of Calcutta, whereby the intra-court appeal preferred by the State of West Bengal and Others in F.M.A. No. 1458 of 2017 with CAN No. 6596 of 2017 has been dismissed with the direction to the Appellant No. 2 – Joint Secretary, Department of Industries, Commerce and Enterprises, West Bengal or any authorised officer to execute a mining lease in favour of the Respondent No. 2 – Dinesh Agarwal, sole proprietor of Respondent No. 1 - M/s. Chiranjilal (Mineral) Industries of Bagandih.

2. The facts are rather chequered, albeit are required to be noticed in detail. On 07.08.1985, West Bengal Mineral Development and Trading Corporation Limited¹[For Short,’ WBMDTCL’] had filed an application for grant of long term mining lease for Dolomite, Limestone and Quartzite at

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2023 Supreme(SC) 853

SANJIV KHANNA, ARAVIND KUMARState of West Bengal – AppellantVersusChiranjilal (Mineral) Industries of Bagandih – Respondent

SANJIV KHANNA, ARAVIND KUMAR
State of West Bengal – Appellant
Versus
Chiranjilal (Mineral) Industries of Bagandih – Respondent