Harish Tandon, J. - (1.) The petitioner, being the existing mining lease holder applied for assignment / transfer of the lease in favour of the private respondent, has challenged the order dated 6th April, 2016 issued by Deputy Secretary, Commerce and Industries Department, Government of West Bengal rejecting the permission to transfer applying the provisions of Mines and Minerals (Development and Regulation) Amendment Act, 2015.
(2.) Admittedly, the Government of West Bengal granted mining lease to the petitioner for extraction of Quartz and Felspar in respect of a land situated at Plot No. 1378 (Part), J.L. No. 61, Mouza Jiyathol, Police Station Santuri, District Purulia, measuring 8.23 acres for a period of twenty years with effect from 14th December, 1998. It is undisputed that both the minerals were declared as major minerals at such point of time. The petitioner commenced the mining activities of the then major minerals upon the demised plot of land and paid royalty and other government dues regularly. The petitioner, thereafter, intended to assign / transfer the said mining lease in favour of the private respondent and an application in this regard was made on 13th September, 2010. No response was made to the said application and a reminder was given on 26.04.2011. By a letter dated 29.08.2011, the respondent authorities i.e. Assistant Secretary, Department of Commerce and Industries, Government of West Bengal asked for submission of clearance certificate of mining dues, which according to him, was one of the requisite conditions to process the said application. The petitioner submitted the 'no dues certificate' on 28.06.2012. Prior to the aforesaid decision of the said authority, a suspension order was issued restraining the petitioner from undertaking any mining operations which was subsequently revoked on 21.08.2013 by the Controller of Mines, Government of India upon examination of the monthly returns and compliance of Rule 45(2) and 45(5)(a) of Minor Conservation and Development Rules, 1988. Even after the revocation of the suspension order, no further action was taken by the respondent authorities and the petitioner thereafter made successive applications renewing the prayer for grant of permission to transfer the mining lease in favour of the private respondent. The petitioner was again asked to submit 'no dues certificate' which was again submitted on 28.04.2014. Still the application was kept idle as no communication was made to the petitioner. The petitioner applied under Right to Information Act, 2005 and received an information that the matter is still pending before the Department of Commerce and Industries, Government of West Bengal. Subsequently, the impugned order was served upon the petitioner rejecting the prayer for permission to transfer the mining lease as after the enactment of Mines and Minerals (Development and Regulation), Amendment Act, 2015 concessions in respect of all major minerals are to be granted through auction.
(3.) Primarily the challenge to the said impugned order was restricted in the writ petition on the ground that if an application is made prior to coming in force of the said Amendment Act, 2015, it should be considered on the provisions of the statute prevalent at the time of making the application. In other words, it is stated in the writ petition that the authorities cannot take shelter under the provisions of the Amendment Act, 2015 to the pending applications as that Act shall apply prospectively.;