Calcutta High Court Denies Environmental Clearance for Expired Sand Mining Lease
Court Upholds Dismissal of Writ Petition Citing Expired Lease and Eight-Year Delay
News Report:
In a significant ruling, the Calcutta High Court has refused to grant environmental clearance for sand mining operations under an expired lease deed, dismissing the writ petition filed by Sanjib Barui. The judgment, delivered by Justices Sabyasachi Bhattacharyya and Uday Kumar, underscores the court's stance on environmental law compliance and procedural delays.
The petitioner, Sanjib Barui, had sought environmental clearance for sand mining based on a lease deed that expired in 2017. The case was initially dismissed by a learned Single Judge, prompting Barui to appeal the decision. Barui claimed that he had approached authorities repeatedly after the Supreme Court's 2016 mandate, which required environmental clearance for sand mining operations. However, he alleged that the respondent authorities did not act on his requests, leading him to seek judicial intervention.
The High Court, however, found no merit in Barui's claims. In the judgment, the bench emphasized that no rights can be created for obtaining environmental clearance under an expired lease. The court highlighted that negative equality, which contradicts established law and contract terms, cannot be enforced by a writ court. The judgment further noted that the petitioner failed to substantiate the reasons behind his eight-year delay in approaching the authorities, an essential factor contributing to the dismissal of his petition.
Legal precedents cited by Barui, including cases involving Radharaman Constructions and Mallika Biswas, were deemed insufficient to warrant the relief sought. In these cited cases, specific circumstances justified judicial intervention, which were absent in Barui's situation.
The ruling reaffirms the judiciary's commitment to upholding environmental regulations and procedural integrity. The decision also serves as a cautionary tale for other leaseholders who may seek similar relief without valid and timely reasons.
Bottom Line:
Environmental clearance cannot be granted for exercising rights under an expired sand mining lease. Delay of about eight years in approaching the authorities without substantiated reasons bars relief.
Sanjib Barui v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc Id # 2779385
