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ARIJIT BANERJEE, RAI CHATTOPADHYAY
Niamat Sk. – Appellant
Versus
District Magistrate, Birbhum – Respondent
JUDGMENT
Rai Chattopadhyay, J. - Appellant/writ petitioner is the unsuccessful applicant before the respondent authority, whose prayer for grant of long term mining lease has failed and/or not been considered. Thus arose the writ petition being W.P.No 7586(w) of 2016, at his instance. The same has been disposed of by dint of the order dated June 9, 2016, unfavourable to him, leaving him bootless in accomplishing his goal as stated above and impugned in this appeal.
2. The question, to be adjudicated in this appeal is precisely whether the West Bengal Minor Minerals Concession Rules, 2016, would govern the field, whether application by the appellant for grant of mining lease dated August 5, 2003, shall be non est, in the eye of law, in view of the provisions of the 2016 Rules or the appellant's case would be governed under the old Rules of 2002, i.e, taking into account the date of his first application and if so, whether the purported action/inaction of the respondent authority to deny appellant's prayer, would amount to impairing his legal and constitutional rights.
3. The case has a chequered background. Appellant submitted his application for grant of long term mining lease, in the
The court held that the appellant's application became ineligible under Rule-61 of the 2016 Rules, and the appellant had no vested right to obtain a mining lease under the old Rules of 2002.
The court confirmed that previous mining lease applications became ineligible under the new rules without a Letter of Intent, upholding administrative discretion.
Action taken by the authorities on an application for renewal of mining lease before and after the commencement of the West Bengal Minor Minerals Concession Rules, 2016, is saved from the restriction....
The main legal point established in the judgment is that the exceptional circumstances for granting short term mining licence (STML) under the West Bengal Minor Minerals Concession Rules, 2016 must b....
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