IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Pal Enterprise – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Hiranmay Bhattacharyya, J.
1. Petitioner has challenged the order of the Commissioner, Burdwan Division dated 31.07.2025 passed in Appeal Case no. 53 of 2023 and the order of the Additional District Magistrate and District Land and Land Reforms Officer, Purba Bardhaman dated 10.05.2023.
2. Petitioner participated in an e-auction conducted on November 18, 2017 for grant of a sand mining lease in respect of a sand block situated at Mouza Shikarpur under Police Station Galsi in the district of Purba Bardhaman. Petitioner was declared as the highest bidder. A Letter of Intent (for short “LOI”) was issued in favour of the petitioner directing the petitioner to comply with all statutory formalities including Environmental clearances and approval of mining plan for the purpose of execution and registration of the long term mining lease. A long term mining lease dated February 27, 2018 was executed in favour of a petitioner for a period of five years and the lease deed was registered on March 6, 2018. Petitioner took possession of the sand block on March 7, 2018 and claims to have commenced mining operations after making payment of the requisite charges.
3. Petitioner states that an
Mining authorities cannot refuse lease extensions based on policy when statutory provisions support such extension, especially if the delay was not the lessee’s fault.
The court established that the statutory provisions of the MMDR Act limit the duration of mining leases to 50 years, and acceptance of lease terms precludes claims for additional time based on interr....
The main legal point established in the judgment is that in cases of natural calamities and inaction by authorities, a party entitled to relief should be placed in the same position as if the wrong h....
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