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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Harminder Singh Kapoor – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. amendment of appeal memorandum permitted. (Para 1 , 2) |
| 2. background of complaints on illegal mining stated. (Para 3 , 4 , 5 , 6 , 7 , 10) |
| 3. penalty imposed for unauthorized mining activities. (Para 8 , 9) |
| 4. challenges against imposed penalty noted. (Para 11 , 12 , 13) |
| 5. arguments regarding jurisdiction and penalty discussed. (Para 15 , 16 , 17 , 18 , 21) |
| 6. counterarguments regarding ongoing mining activities. (Para 24 , 25 , 27 , 28 , 29) |
| 7. legal limits of restoration and penalties examined. (Para 30 , 33 , 34 , 35 , 36 , 37) |
| 8. legal basis for affirming the appeal discussed. (Para 38 , 39 , 43) |
| 9. reliance on reports for penalties critically assessed. (Para 41 , 44) |
| 10. final judgment set aside and appeal allowed. (Para 45 , 46) |
| 11. clarifications and procedural directives issued. (Para 48 , 51 , 52 , 53) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. Leave is granted to the learned advocate for the appellant in both the appeals to amend the memoranda of appeal by incorporating the appropriate date of the impugned order of the writ court.
2. The present appeals have been preferred against an order passed by the learned Single Judge in connection with two writ petitions, one
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