- (1.) SINCE common question of law is involved in all these writ petitions, all these writ petitions are heard analogously.
(2.) LET me indicate the basic facts involved in all these writ petitions which are necessary for proper appreciation of the dispute between the parties leading to filing of these writ petitions. Admittedly, mining leases were granted by the State Government in favour of the writ petitioners by permitting them to extract sand from different plots of land as mentioned in their respective lease deeds on payment of royalty and dead rent, as per the rate prescribed in the Schedule -I framed under Rule 20 of the West Bengal Minor Minerals Rules, 2002 (hereinafter referred to as Rules of 2002). Those leases were granted for a fixed period with a renewal clause, giving option to the lessees to apply forrenewal within a specified time before expiry of the leases. The petitioners applied for renewal of their leases in terms of the renewal clause contained in their respective lease deeds. Their applications for renewal were rejected by the concerned authority, by referring to the amended provision of the West Bengal Minor Minerals Rules, 2002 which was introduced in the year 2011, either during the continuance of the leases of the petitioners or pending consideration of the petitioners' application for renewal.
(3.) THE amendments which were made in the Rules of 2002 in 2011 become effective from 5th December, 2011. The said amendment introduced a total change in the procedure for grant of mining lease in respect of river -bed materials. Under the West Bengal Minor Minerals Rules, 2002, prior to its amendment as it stood, mining lease could have been granted by the State Government in favour of the lessee on the basis of the application of an individual applicant. The procedure for grant of such mining lease and/or refusal thereof was prescribed under Rule 5 -8 of the said Rules. Who will get priority amongst the applicants in case more than one applicant applies for such lease in respect of a common plot of land was mentioned in Rule 9 thereof. How much area can be given on lease for mining operation to the individual applicant was mentioned in Rule 10 thereof. Period for which such mining lease could have been granted was mentioned in Rule 11 of the said Rule. Renewal of mining lease was prescribed under Rule 12. How much deposit is to be made by the applicants towards preliminary expenses and security deposit, was dealt with in Rule 13 and 14 respectively. The period within which lease is to be executed was mentioned in Rule 15 of the said Rule. Lapsing of lease was mentioned in Rule 16 thereof. Those were the relevant provisions of the Rules of 2002, which governed the field of grant of mining lease and/or renewal thereof when the mining leases were granted by the Government in favour of the petitioners. The amendment which was introduced in 2011 brought about a thorough change in the procedure for grant of mining lease in respect of the river -bed materials (excluding in -situ hard rock), kankar, morrum and brick -earth on land vested in Government. By the said amendment, Rules 16A and 16B were introduced.;