Disposed

Greego Drive Pvt. Ltd. and Anr. v. State of West Bengal and Ors.

Calcutta HC12 Aug 2022WPA/12914/2022

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What is this about?

The Court directed the respondent authority to dispose of the petitioner's representation for extending an expired sand mining lease considering the COVID-19 lockdown and a relevant government notification, to be decided within one month.

What did the court decide?

Direction to the 3rd respondent to consider and dispose of the petitioner's representation dated June 26, 2022, within one month, affording opportunity of hearing to interested parties.

Greego Drive Pvt. Ltd. and Anr. Vs State of… — Mining and Natural Resources | Calcutta HC (2022)

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12.08.2022 rc/ct.no.10 Item No.03

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WPA No.12914 of 2022

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Mr. Sukanta Chakraborty …for the Petitioners Mr. Chandi Charan De Mrs. Reshmi Rahaman ….for the State

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The department is directed to incorporate the correct WPA number on the file cover.

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Affidavit of service filed by the petitioner is taken on record.

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Being the highest bidder in an e-auction for long term mining lease and upon depositing the entire lease rent, the petitioner was granted long term mining lease by virtue of a deed of lease registered on June 14, 2017 for a period of five years, which expired on June 14, 2022.

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It is submitted on behalf of the petitioner that the petitioner was unable to carry on mining operation for about two years due to spread of COVID-19 Pandemic and lockdown declared by the Government and has submitted a representation before the concerned authority for extension of the period of lease.

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Learned counsel for the petitioner has taken this Court to Clause 5 of Part IX of the deed of lease which demonstrates that in the event the petitioner is unable

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to fulfill any of the terms and conditions of the lease within the stipulated time due to force majeure, such delay shall be added to the period fixed by the lease. Learned counsel for the petitioner has also drawn the attention of the Court to a notification issued by the Government of West Bengal, Department of Industry,

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Commerce and Enterprises, Mines Branch on February 28, 2022 which indicates that all sand mining leases expiring till April, 2022 are extended till May 31, 2022 and it would be the responsibility of the lessee that all terms and conditions of the lease agreement including environmental guidelines are followed.

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The petitioner submitted a representation before the concerned authority on June 26, 2022 which is yet to be disposed of. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

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It is submitted on behalf of the State respondents that the 3^rd respondent be directed to consider the representation in accordance with law.

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Upon consideration of the submission made on behalf of the parties and material on record, the writ petition is disposed of directing the 3^rd respondent to consider and dispose of the representation submitted by the petitioner dated June 26, 2022 within one month from the date of communication of this order

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after affording reasonable opportunity of hearing to all the interested parties including the petitioner and taking into consideration of the notification dated February 28, 2022, in accordance with law.

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The decision taken by the authority shall be communicated to the petitioner within a week thereof.

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With the above directions, WPA 12914 of 2022 is disposed of. There shall however, be no order as to costs.

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Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

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Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

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(Suvra Ghosh,J)

Greego Drive Pvt. Ltd. and Anr. v. State of West Bengal and Ors.

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Greego Drive Pvt. Ltd. and Anr. v. State of West Bengal and Ors.

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