SUBRATA BHATTACHARYA Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-12-83
HIGH COURT OF CALCUTTA
Decided on December 03,2018

Subrata Bhattacharya Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Ravi Krishan Kapur, J. - (1.) The instant writ petition has been filed challenging an order dated 5 December, 2014 inter alia, rejecting an application dated 19 December, 2006 under Rule 5 of the West Bengal Minor Mineral Rules, 2002 to grant a mining lease for a quarry permit in the Paschim Medinipur area.
(2.) By the impugned order the respondent authorities had rejected the application of the petitioner primarily on the ground that no environmental clearance had been obtained by the petitioner which is mandatory for obtaining a mining lease for sand.
(3.) It was contended on behalf of the petitioner that the rights of the parties stood crystallized as on the date of the application and the right of a party had to be considered as per the law prevalent on the date of the application i.e. as on 19 December, 2006.;


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