Todi Minerals P. Ltd. v. State Of West Bengal And ORS.

25.01.2023.

Court No.13 Item No. 45 ap W.P.A. No. 25759 of 2022 Todi Minerals Private Limited

Versus

The State of West Bengal & Ors.

Mr. Biswapriya Samanta.

...For the petitioner.

Pursuant to an order dated 15th September, 2022 passed in W.P.A. No. 20133 of 2022, the petitioner applied for posting of an Armed Police Picket for a period of one month and addressed a communication to the Officer-in-charge, Hura Police Station. The cost of police protection was to be borne by the petitioner.

The Officer-in-charge, Hura Police Station has given a list of six categories of personnel totaling 188 needed to be deployed at the said place. The cost of such police personnel was Rs.98,82,930/-. The payment of such prohibitive cost is not only undesirable but also exorbitant.

It is not expected that a person engaging in business would have to shell out nearly a sum of Rs.1 Crore for police protection to enable the petitioner to carry out the mining activities.

Hura Police Station is represented. A report in the form of instructions addressed to the State

Advocate dated 25th November, 2022 is kept with the record.

It is submitted that the posting of police personnel is necessary since there is a huge opposition from the local tribal villagers to the petitioner carrying on his mining activities.

In those circumstances, the petitioner may carry on his business since he is a valid licensee under the State in that regard.

The Officer-in-charge, Hura Police Station shall ensure that there is no breach of peace and shall patrol the area with a limited number of police personnel once a day for a period of one month. In the event of any serious apprehension of breach of peace, appropriate communication may be made by the Officer-in-charge, Hura Police Station to the Office of the concerned Superintendent of Police. Appropriate measures shall be taken by the office of the S.P.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)