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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Todi Minerals Private Limited – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. common judgments for similar facts and issues. (Para 1 , 2) |
| 2. challenge to mining lease renewal based on a contested memo. (Para 3 , 5 , 6) |
| 3. renewal of lease requests should consider statutory conditions. (Para 4 , 7) |
| 4. claims surrounding due process and statutory requirements. (Para 8 , 9) |
| 5. proper construction of rules is necessary for lease management. (Para 10 , 22) |
| 6. opposition to the petitioner's claims reflected in the government's defense. (Para 11 , 12 , 15) |
| 7. authority's decisions must adhere to procedural propriety. (Para 14) |
| 8. court's directive for reconsideration of the renewal application. (Para 24 , 25) |
| 9. the court's ruling on lease renewal is to be respected. (Para 29 , 31) |
JUDGMENT :
1. Since identical questions of facts and laws are involved in the instant two petitions, this court proposes to dispose of two instant writ petitions by a common judgment.
3. The subject matter of challenge in the instant two writ petitions is the Memo dated 05.05.2025 as issued by the respondent no.3/authority whereby and whereunder the respondent no.3/authority declined to renew the two mining leases as executed in favour of the writ petitioner on the basis of the r
The court affirmed the authority's discretionary power to deny renewal of a mining lease based on lessee's violations under the Granite Conservation and Development Rules, emphasizing lawful discreti....
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
A Letter of Intent constitutes a binding contract, and subsequent amendments to renewal rules do not retroactively affect rights accrued prior to the amendment.
Only existing quarry leases prior to the commencement of the Gujarat Minor Mineral Concession Rules, 2017 are eligible for extension under the specified provisions.
The application for renewal of a mining lease must be considered according to the rules in force at the time of disposal, and the reduction of the mining area must be in compliance with the relevant ....
Only quarry leases granted or renewed before the commencement of the Gujarat Minor Minerals Concession Rules, 2017 are eligible for extension under Rule 12.
Only existing quarry leases granted before the Gujarat Minor Mineral Concession Rules, 2017, can be extended under Rule 12, affecting the petitioner's claim.
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