CEMMIX STRUCTURAL PVT. LTD. Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-1-188
HIGH COURT OF CALCUTTA
Decided on January 14,2019

Cemmix Structural Pvt. Ltd. Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Debangsu Basak,J. - (1.) An order dated August 27, 2018 passed by the District Magistrate and Collector, Paschim Burdwan is under challenge in the present writ petition.
(2.) By the impugned order, the District Magistrate and Collector, Paschim Burdwan refused to execute the renewal deed, on the ground that, the petitioner was not able to submit the required documents at the hearing date.
(3.) Learned senior advocate for the petitioner submits that, although, the impugned order does not contain any reason for refusal to execute the renewal deed, the report called for by the Court, and filed in Court, discloses two grounds. The first ground is that, the petitioner does not hold title to the land and the second ground is that, the petitioner does not have the conversion certificate. He relies upon AIR 1991 SC 1676 (M/s. Orissa Cement Ltd. V. state of Orissa and Ors.) and submits that, the State has no jurisdiction to require a conversion certificate. Moreover, the District Magistrate and Collector could not have asked the petitioner for title deeds in view of the provisions of the West Bengal Mining Minerals Rules, 2002, particularly, Rules 5 (4)(e) of the Rules of 2002.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.