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Ambey Niwas Pvt. Ltd. and Another v. State of West Bengal and Ors.

Calcutta HC11 Jul 2022WPA/8269/2022

Case brief

AI extract

What is this about?

This writ petition sought a direction to the concerned Authority to consider the petitioners' representation for an extension of their expired long-term mining lease due to the Covid-19 pandemic and lockdown. The court directed the Authority to decide the representation within one month after a reasonable opportunity of hearing.

What did the court decide?

Directed the 3rd respondent to consider and dispose of the petitioners' representation on lease extension within one month, affording a hearing.

Ambey Niwas Pvt. Ltd. and Another Vs State of… — Mining and Natural Resources | Calcutta HC (2022)

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11.07.2022 jb. 26

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WPA No. 8269 of 2022 Ambey Niwas Pvt. Ltd. & Anr. Versus

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The State of West Bengal & Ors.

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Mr. Mir Anowar

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…for the petitioners

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Mr. Sirsanya Bandyopadhyay Mr. Amrita Lal Chatterjee …for the State

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Mr. Sanjay Saha Mr. S. Bhattacharya …for the WBMDTC Ltd.

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Affidavit of service filed by the petitioners be taken

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on record.

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The petitioners submit that long-term mining lease was granted in their favour for a period of five years by virtue of registered deed dated 31^st May, 2017 and the term of the lease has expired on 31^st May, 2022. Due to Covid-19 pandemic and lockdown declared by the Government, the petitioners were unable to carry on mining operation for substantial period of time for which they have prayed for extension of the period of lease before the concerned authority.

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Learned counsel draws the attention of the court to Clause 5 of part IX of the deed of lease which states that in the event of delay on the ground of force majeure the period of such delay shall be added to the period of lease. The petitioners submitted a representation before the concerned Authority on 8^th February, 2022 in this

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regard which is yet to be disposed by the Authority. The petitioners pray 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 within a stipulated period of time.

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Upon consideration of the submissions 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 petitioners dated 8^th February, 2022 within a period of one month from the date of communication of this order after taking into consideration clause 5 of part IX of the deed of lease and after affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law.

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With the above directions, W.P.A. 8269 of 2022 is disposed of. However, there shall 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 supplied to the parties upon compliance with all requisite formalities.

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(Suvra Ghosh,J)

Ambey Niwas Pvt. Ltd. and Another v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Ambey Niwas Pvt. Ltd. and Another v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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