Sayed Neajuddin v. State Of West Bengal And ORS.

January 28, 2022 ARDR (25) WPA 18784 of 2021 Sayed Neajuddin Vs.

State of West Bengal & Ors.

Mr. Mir Anowar, ...for the petitioner.

Mr. Sanjay Saha, ...for the respondent no.2.

Mr. Ansar Mondal, Ms. Sipra Majumder, Mr. Suprabhat Bhattacharya, ...for the State.

Affidavit of service filed by the petitioner be taken on record.

It is submitted on behalf of the petitioner that being the highest bidder in e-auction for grant of long term mining lease, Letter of Intent was issued in favour of the petitioner requiring the petitioner to obtain an environmental clearance certificate from the concerned authority for execution of deed of lease. The petitioner approached the authority for grant of environmental clearance certificate on 10th December, 2020 following which a fresh application was made on 17th February, 2021 as per direction of the authority. The applications not being considered by the authority, the petitioner submitted a representation in this regard before the authority on 10th June, 2021 which has also not been considered till date. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 3rd respondent be directed to consider the representation. Upon consideration of the submissions made on behalf of the parties, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation of the petitioner dated 10th June, 2021 within a period of one month from the date of communication of this order after giving reasonable opportunity of hearing to the petitioner, in accordance with law.

The decision taken by the 3rd respondent shall be communicated to the petitioner within a week thereof. With the above directions, W.P.A. 18784 of 2021 is disposed of. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)