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 of the new rules and is to be treated as action under the Concession Rules, 2016.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The petitioner applied for a long term mining lease for extraction of sand in Mouza - Mirchoba under the Police Station and District - Purba Burdwan. Initially, the lease was granted for a period of five years on 28th December, 2006. The deed of lease was executed on 26th April, 2007 for a period of five years. Subsequently, the said lease was extended for a period of further five years on 23rd July, 2012. Before expiry of the extended period the petitioner by a letter dated 8th February, 2016 applied for renewal of the said lease which was scheduled to be expired on 28th August, 2016. By a letter dated 22nd February, 2016 issued by the Additional District Magistrate and District Land and Land Reforms Officer, Burdwan his prayer for renewal of lease was kept in abeyance till the disposal of a mandamus appeal filed by the State Government being MAT 2037/2014.

2. The petitioner has annexed an order sheet of a proceeding initiated in respect of the prayer for renewal of mining lease on the basis of an order passed in WP No. 24290 (W) of 2013 in the matter of Payel Chowdhury vs. State of West Bengal. In the aforesaid writ petition a Coordinate Bench of this Court vide order dated 20th August, 2014 directed the respondent to decide and dispose of the application for long term mining lease by six weeks upon giving opportunity of hearing to the petitioner or his authorized representatives and to pass reasoned order and to communicate the same within two weeks from the date of passing of the order. Finally, vide order dated 7th July, 2015 long term lease was renewed in favour of the said Payel Chowdhury, petitioner of WP No. 24290 (W) of 2013 on the following grounds:

“(a) long term mining lease deed was executed by and between the Government of West Bengal and the petitioner on 25th April, 2008 for extraction of sand over an area of 5.00 acres in plot no. 543(P) in Mouza - Mirchoba, JL No. 33 under Burdwan Police Station. The other details are stated below:

The petitioner applied for renewal of the mining lease to the appropriate authorities in September, 2012 but renewal had not been made in view of the Notification dated December 01, 2011 by which Rules 16A and Rule 16B have been introduced to the West Bengal Minor Mineral Rules, 2002. For this reasons, the instant petitioner moved before the Hon’ble High Court, Calcutta. In the meanwhile, the Hon’ble High Court has struck down Rule 16A and Rule 16B of WBMM Rules, 2002. The State has already preferred an appeal in MAT 2037 of 2014 by challenging the said order dated 04/07/2014 in W.P. No. 16526 of 2013. No stay has so far been granted in the said appeal.

On the other hand, in another appeal vide MAT No. 947 of 2014 with CAN No. 6863 of 2014 in the matter of Smt. Mallika Biswas vs. State of West Bengal and Others the Hon’ble High Court, Calcutta held that “until the order passed by the writ Court declaring these two provisions as ultra-vires is set aside by the Hon’ble Appeal Court, the law which has been laid down by the Writ Court in the said decision will be the law of the land and the rights of the parties at large will be governed by the principles as laid down by the Writ Court in the order dated 4th July, 2014 passed in W.P. No. 16526(W) of 2013. It may also be kept on record that though such an appeal was filed but no interim order has yet been passed by the Hon’ble Appeal Court staying the operation of the order by which these two amended provision of West Bengal Minor Mineral Rules, were declared as ultra-vires.”

In instant Writ Petition being Writ Petition No. 24290 (W) of 2013 the Hon’ble High Court directed the concerned respondents to decide and dispose of the application for long term minin