Calcutta High Court (Appellete Side)
Bagandih And Another vs The State Of West Bengal And Others on 12 April, 2017
Author: R. K. Bag
Bench: R. K. Bag
S/l.
12..
12.04.2017 W.P. No.20309 (W) of 2016
Bpg. With
CAN 2841 of 2017
M/s. Chiranjeelal (Minerals) Industries of
Bagandih and another
Versus
The State of West Bengal and others.
Mr. Saptangshu Basu,
Mr. Bidyut Baran Biswas,
Mr. Niladra Mukherjee.
...for the petitioners.
Mr. Amitesh Banerjee,
Mr. Tarak Karan.
...for the State-respondents.
The petitioners have filed this application under Article 226 of the Constitution of India praying for direction upon the respondents to execute the deed of lease for extracting Dolomite from 76 acres of land appertaining to plot nos.1759, 1805, J.L. no.176, plot no.1, J.L. no.249 and plot no.1041 and plot no.1042(P), J.L. no.177 of Mouzas - Khariduara, Kumari and Boch respectively under Police Station - Manbazar in the district of Purulia and other ancillary reliefs.
The petitioner no.2 filed writ petition being W.P. No.21358(W) of 2014 before this Court praying for grant of long term lease in respect of the said 76 acres of land. On September 10, 2014 learned single Judge of this Court disposed of the said writ petition by directing the State-respondents to grant lease in respect of the said 76 acres of land in favour of the petitioner no.2 within a period of eight weeks from the date of the said order. On July 16, 2015 the Deputy Secretary to the Government of West Bengal, Department of Commerce and Industries issued grant of mining lease for extracting Dolomite in respect of the said 76 acres of land in favour of the petitioner no.2 on fulfilment of terms and conditions incorporated in the said grant of mining lease. The petitioners again moved this Court by filing one contempt petition in connection with the order passed in the said writ petition, which was disposed of on July 22, 2016. On July 22, 2016 learned single Judge of this Court observed that there was no wilful and deliberate violation of the order dated September 10, 2014 passed in connection with writ petition bearing no.W.P. no.21358(W) of 2014. It appears from the said order of learned single Judge that the lease deed was not executed for not furnishing conversion certificate in connection with the land in question under Section 4C of the West Bengal Land Reforms Act, 1955.
By referring to Clause (t) of the terms incorporated in the grant of mining lease dated July 16, 2015 (Annexure P/22 to the writ petition), Mr. Basu, learned senior counsel representing the petitioners submits that the said condition need not be fulfilled by the petitioners as clarified by the under Secretary to the Government of India under letter dated August 26, 2016 (Annexure P/31 to the writ petition). It appears from the said letter dated August 26, 2016 addressed to the Deputy Secretary, Government of West Bengal, Department of Commerce and Industries by the Under Secretary to Government of India that Dolomite is no longer non-scheduled major mineral for which prior approval of the Central Government under Section 5(1) of the MMDR Act, 1957 is required. It is clarified in the said letter that Dolomite is now notified as minor mineral which falls within the legislative and administrative jurisdiction of the State Government for grant of mineral concession and regulation thereof and as such No Objection Certificate from the Central Government is not required in this regard. Accordingly, I agree with the submission made on behalf of the petitioners that the condition incorporated in Clause (t) in the grant of mining lease dated July 16, 2015 need not be complied with by the petitioners for execution of the lease deed.
By referring to Clause (o) and Clause (p) of the grant of mining lease dated July 16, 2015, Mr. Banerjee, learned Senior Standing Counsel representing the State-respondents contends that the land in respect of which the petitioners have prayed for extracting Dolomite is 76 acres which is beyond the ceiling limit of any raiyat under Section 14M of West Bengal Land Reforms Act, 1955 and as such the petitioners are duty bound to obtain permission of the State Government as laid down in Section 14Y of the West Bengal Land Reforms Act, 1955. He further submits that there is need of conversion of the land under Section 4C of West Bengal Land Reforms Act, 1955 even though the land is recorded as "Dungri". On the other hand, Mr. Basu has relied on the information supplied by the Deputy District Land and Land Reforms Officer, Purulia under Memo no.V/RTI/775/15 dated March 6, 2017 to impress upon the Court that the land classified as "Dungri" is used only for the purpose of mining lease and as such there is no need of conversion of the said land as laid down under Section 4C of West Bengal Land Reforms Act, 1955. The further contention of Mr. Basu is that the petitioners have obtained "No Objection Certificate" in respect of major portion of the raiyati land from different owners who own and possess the land within the ceiling limit prescribed under Section 14M of West Bengal Land Reforms Act and as such the provision of Section 14Y of Land Reforms Act cannot be invoked in the facts of the present case. He has pointed out from the documents marked Annexure P/24 to the writ application that only 20.87 acres of land appertaining to plot no.1041 is vested in the State and the remaining portion of 76 acres of land appertaining to plot nos.1759, 1805, 1 and 1042 belong to different persons who own and possess the land within the ceiling limit.
The contention raised by Mr. Banerjee that even the raiyat holding the land cannot create any right in favour of the petitioners for extraction of Dolomite without obtaining the previous permission in writing from the State Government as laid down in Section 4(2A) of West Bengal Land Reforms Act, 1955 cannot be taken into consideration in the present case, as the said condition is not incorporated in the grant of mining lease dated July 16, 2015 (Annexure P/22 to the writ application, though I fully agree with the submission made by Mr. Banerjee on this question of law.
The petitioners have not produced the documents to establish how they have acquired "No Objection Certificate" from the owners of the raiyati land for obtaining grant of mining lease. However, it appears from Annexure P/26 to the writ application that the Additional District Magistrate and District Land and Land Reforms Officer, Purulia has clarified on April 7, 2016 that the provision of Section 14Y of the West Bengal Land Reforms Act, 1955 is not applicable in the facts of the present case, as the petitioners have not acquired land in excess of ceiling limit prescribed under Section 14M of West Bengal Land Reforms Act, 1955. He has further clarified in the said letter dated April 7, 2016 that the petitioners have obtained consent letter from the owners of land for obtaining grant of mining lease and as such clearance certificate under Section 14Y of West Bengal Land Reforms Act cannot have any manner of application in the facts of the present case. Since the petitioners have not acquired title in 76 acres of land appertaining to plot nos. 1759, 1805, 1, 1041 and 1042(P) of Mouzas - Khariduara, Kumari and Boch under Police Station - Manbazar, the ceiling limit applicable under Section 14M of West Bengal Land Reforms Act cannot be applicable to the petitioners and that position has been clarified by the Additional District Magistrate and District Land Reforms Officer in the letter dated April 7, 2016. The natural corollary is that the question of approaching the State Government for obtaining clearance certificate under Section 14Y of the West Bengal Land Reforms Act does not arise at all. So, the State-respondents cannot withhold execution of lease deed for non-production of clearance certificate under Section 14Y of the West Bengal Land Reforms Act.
On perusal of the provisions of Section 4C of West Bengal Land Reforms Act, 1955, I find that the raiyats holding the land may apply to the Collector for change of character of the land or for conversion of the same for any purpose other than the purpose for which the land was settled or was previously used. In other words, there is need of conversion of the land under Section 4C of the West Bengal Land Reforms Act, 1955 when there is any change in use of the land in question. The information supplied by the Deputy District Land and Land Reforms Officer, Purulia on March 6, 2017 clearly indicates that the land classified as "Dungri" is used for the purpose of mining lease. Since the land classified as "Dungri" is used for the purpose of mining lease, I do not think that there is any need of conversion of the said land when the petitioners are willing to use the said land for extracting Dolomite which is classified as minor minerals. In my view, there is no need of furnishing conversion certificate for the land in question from the appropriate authority under Section 4C of the West Bengal Land Reforms Act, 1955 for the purpose of execution of lease deed in accordance with grant of mining lease dated July 16, 2015.
In view of my above findings, the respondent no.2 is directed to execute lease deed in accordance with grant of mining lease dated July 16, 2015 (Annexure P/22 to the writ application) for extracting Dolomite from the land in question in favour of the petitioner no.1 represented by petitioner no.2 within a period of eight weeks from the date of communication of the order. The respondent no.2 can execute the lease deed by himself or can engage any competent officer in this regard who is legally authorised to represent the State for executing the lease deed.
With the above direction, the writ petition and connected application are disposed of.
On prayer of Mr. Banerjee, learned Senior Standing Counsel for the State of West Bengal, the operation of the order is stayed for a period of two weeks.
( R. K. Bag, J. )