SAHIDULLAH MUNSHI,J. - (1.) This writ petition is directed against the reasoned order passed by the District Magistrate, Paschim Medinipur, on 16th January, 2015, rejecting the petitioner's prayer for mining lease for sand in respect of Plot No.850 (P) J.L. No.142 under Nayagram Police Station in the District of Paschim Medinipur. In the writ petition the petitioner has made out a case that - 1) In order to start a business of extraction and sale of sand available on the surface of river Subarnarekha in Plot No.850 (P), J. L. No.142, P.S. - Nayagram, District - Paschim Medinipur measuring about 50.76 acres, hereinafter referred to as the said plot, he made an application under Rule 5(2) of the West Bengal Minor Minerals Rules, 2002 for long term mining lease. Such application was filed on 2nd September, 2010 before the Additional District Magistrate and District Land and Land Reforms Officer, Paschim Medinipur, who is the competent authority. The petitioner has also submitted all requisites, namely, the challan of Rs.500/- (Rupees Five Hundred) only, clearance certificate of mining dues, income tax clearance certificate, sales tax clearance certificate and searching map of the proposed land and other relevant papers. 2) The concerned authority received those documents along with the application for long term mining lease. The said application being not considered by the concerned authority the petitioner moved this Hon'ble Court in a writ petition being W.P. No.31888 (W) of 2014 and the Hon'ble Justice Ashoke Kumar Dasadhikari, as His Lordship then was, was pleased to dispose of the writ petition by an order dated 10th December, 2014 by directing the concerned authorities to consider and dispose of the application for long term mining lease within a period of six weeks from the date of communication of the said order after giving an opportunity of hearing to the petitioner. 3) In terms of the said order the respondent no.2, the District Magistrate, Paschim Medinipur, heard the matter and considered the documents submitted by the petitioner for grant of long term mining lease but rejected the application of the petitioner by an order dated 16th January, 2015. The said order dated 16th January, 2015, is under challenge in this writ petition.
(2.) While rejecting the petitioner's application for grant of mining lease, the respondent no.2 has held that - a) The petitioner has failed to submit environmental clearance from the Department of Forest and Environment or Pollution Control Board, West Bengal, which is mandatory for obtaining mining lease for sand as per the guidelines laid down by the Hon'ble Apex Court. b) The petitioner applied for long term mining lease suo motu without any notification issued from the concerned authority and, therefore, the same contravened the proposition of the West Bengal Minor Minerals Rules, 2002 (as amended up to date).
(3.) Having regard to the same, the District Magistrate, Paschim Medinipur, respondent no.2, rejected the petitioner's application for mining lease. However, in the order impugned the petitioner has been requested to apply for mining lease when the notification would be published for the said area/plot by the concerned authority for grant of long term mining lease of sand.;