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1997 DIGILAW 265 (CAL)

Harendra Nath Singh v. State of West Bengal

1997-07-02

BHAGABATI PROSAD BANERJEE, VIDYA NAND

body1997
JUDGMENT In these appeals question arose whether the provision of Chapter IIB of the West Bengal Land Reforms Act, would be applicable in respect of the District of Purulia which was a transferred territory. The District of Purulia was a part of the State of Bihar and that the Parliament has enacted the Bihar and West Bengal Transfer or Territories Act, 19 of 1956. Section 44 of this Act provides that "For the purpose of facilitating the application of any law in relation to Bihar or West Bengal, the appropriate Government may, before the expiration of one year from the appointed day, by order make such adoptations and modifications of the law, whether by way of appeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect, subject to the adoptations and modifications so made until altered, repealed or amended by a competent authority or competent legislature :– Explanation–In this section, the expression "appropriate Government" means, as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law, the State Government. 2. Thereafter, the West Bengal State Legislature passed an order known as West Bengal Transferred Territories (Assimilation of Laws) Act, 1958 referred to the Second Act. In Section 3(3) of the said Act, it is provided that the Acts specified in Schedule III of this Second Act including the West Bengal Estate Acquisition Act as well as the West Bengal Land Reforms Act, 1955 shall exist to or come into force in the transferred territories or any part thereof with effect from such date or dates as the State Government may, by Notification issued in the Official Gazette from time to time appended in this behalf. 3. Admittedly, Clause 6 of Section 2. Sections 4(1), (2), (4) and (5), 14, 15, 49 and 58 of the West Bengal Land Reforms Act came into force on the 7th June, 1965, in all the districts of West Bengal except in the areas transferred from Bihar to West Bengal under Act 40 of 1956. 3. Admittedly, Clause 6 of Section 2. Sections 4(1), (2), (4) and (5), 14, 15, 49 and 58 of the West Bengal Land Reforms Act came into force on the 7th June, 1965, in all the districts of West Bengal except in the areas transferred from Bihar to West Bengal under Act 40 of 1956. Subsequently, all the provisions of Chapters IIA, IV, VI, VII and VIII and Section 15, sub-section (3) of Section 17, Sections 39 to 42, 53 to 56 and Clauses (1), (2), (3), (4), (5) and (6) of Section 59 came into force in all the areas transferred from Bihar to West Bengal under the Bihar and West Bengal (Transfer of Territories) Act, 1956 (40 of 1956) on the 1st October, 1969, by Notification No. 17885L Ref/16M-278/68 dated the 25th September, 1969, published in the Calcutta Gazette extraordinary of the 26th September, 1969, Part-I, page 3261. 4. Under the West Bengal Estate Acquisition Act, 1953, the Section 60 of the West Bengal Acquisition Act, provides that "the provision of the said Act shall come into force on such date and in such areas of the transferred territories as the State Government may, by Notification in the Official Gazette, appoint, and for this purpose different dates may be appointed for different areas. Section 61 of the said Act provides that". On the issue of a Notification under Section 60 in this behalf, the area in respect of which such Notification is issued. The Bihar Land Reforms Act, 1950 shall stand repealed and the provisions, of the West Bengal Estate Acquisition Act shall apply mutatis mutandis. 5. The question whether by virtue of Notification issued in this behalf, the provision of the West Bengal Estate Acquisition Act to be made applicable to the transferred area including the District of Purulia, came up for consideration before a Division Bench this Court in the case of (1) Debi Mata v. State of West Bengal reported in AIR 1973 Cal page 171, wherein a point was taken that contention was raised that Sections 60 and 61 of the West Bengal Estate Acquisition Act constitute a delegation of legislative power by the Legislature to the executive and as such the same are bad is misconceived. The Division Bench of this Court presided over by the learned Chief Justice, P. B. Mukharji (As His Lordship then was) held that the argument that there has been a delegation of legislative power by Notification and that it was excessive and unguided or without substance of the Sections 60 and 61 of the said Act was to facilitate the application of the West Bengal Estate Acquisition Act to be added territories. When some fresh territories come from another State to West Bengal, the West Bengal Legislature has subject to the Constitution of India, absolute power, domination and control over such transferred territories, and it is competent to make such laws, as it thinks proper, subject of course to the limitation contained in the Constitution. In that case, a Notification was issued under Section 60 of that Act for the purpose of making the provision of the West Bengal Estate Acquisition Act in respect of the territories which was transferred to West Bengal. That Notification was issued on 17th September, 1964 appointing 1st day of Much, 1964 to be the date on which the provision Chapter VIII of the said Act shall come into force to all areas of the territories transferred from Bihar to West Bengal Authority and the said Authority was not only upheld but it also was clearly held by the said, Division Bench that by means a Notification issued under Section 60 of the said Act, the transferred territories could be brought under the purview of the said Act. 6. Mr. Mukul Prakash Banerjee, learned Counsel appearing on behalf of the appellants, submits that the Land Reforms Act do not permit any provision similar to the Sections 60 and 61 of the Estate Acquisition Act and as such the provision of the Land Reforms Act, 1955 cannot be made applicable in respect of the territories which has been transferred to the State of West Bengal. The learned Trial Judge considered all the aspects of the matter in details and after considering the relevant provisions of the respective Statutes have held by reason or Section 3 of the Transfer of Territories Act, the transferred territories merged to the State of West Bengal and became a part and parcel and for that purpose, even the 1st Schedule appended to the Constitution of India was amended, no further Notification under sub-section (3) of Section 1 of the West Bengal Land Reforms Act was necessary. 7. Section 3(1) of the West Bengal Land Reforms provides that this section shall come into force at once and the remaining provision of this Act, in whole or in part, shall come into force from such date or dates or in such district, or part of a district as the State Government may from time to time by Notification in the Official Gazette specified. It is not in dispute that the provision of the West Bengal Land Reforms Act has been made operative by issuing of different Notifications in this behalf. Similar Notifications were also issued for applying the West Bengal Land Reforms Act within the said transferred territories. 8. The scope and ambit of the West Bengal Estate Acquisition Act was .................. ...... rights of intermediaries therein and certain, rights of raiyats and all the rights of certain other persons in law can price otherwise that Act is called popularly and known as Zamindary Abolition Act under which of the intermediaries interests vested to the State excepting allowing some portions of the lands specified in Section 6 of this Act was allowed to be retained. 9. The West Bengal Land Reforms Act is enacted to law from the law relating to the land tenure vesting of ............ on the all estates and of certain rights therein and also to consolidate the land relating to the Land Reforms in the State and the provisions under the West Bengal Estate Acquisition Act have been enacted for the purpose' of vesting the lands. 10. Under Section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 it was provided that as from the appointed date that shall be added to the State of West Bengal, that territories which on the 1st day of March, 1956 comprised in the District of Purulia. 11. 10. Under Section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 it was provided that as from the appointed date that shall be added to the State of West Bengal, that territories which on the 1st day of March, 1956 comprised in the District of Purulia. 11. When the provision of Section 3(3) of the West Bengal Transferred Territories (Assimilation of Laws) Act, 1958 specifically provides that the State Laws provided in Schedule III cannot be applicable with effect from the Notification issued by the State Government in this behalf. Accordingly, in view of the principles laid down in the earlier Division Bench Judgment in the case of Debi Mata (supra), it cannot be held that unless a law is passed or specified section is provided in which West Bengal Land Reforms Act would be made applicable in respect of the transferred areas, viz., Purulia. Under Section 14T(A) of the West Bengal Land Reforms Act, 1955 it has been provided that Sections 5, 6 and 7(1) of the Act should be deemed to be always inserted under the West Bengal Land Reforms Act, 1955. This provision was challenged by Mr. Banerjee, learned Advocate for the appellants by contending that the West Bengal Land Reforms Act, 1955 cannot............ Estates Acquisition Act. This is not the correct approach in view of the provisions of certain portions of the West Bengal Land Reforms Act was to be treated as part of the Estates Acquisition Act for the purpose of effecting exercise of the powers by the Officers under the West Bengal Land Reforms Act, 1955 in respect of the land vested under the West Bengal Estates Acquisition Act. It cannot be said that the Legislature by making such provisions have acted illegally and in contravention of any of the provisions of the Legislative Competency. In that event, keeping some of the provisions of the West Bengal Land Reforms Act or part of the West Bengal Estates Acquisition Act had not done anything wrong which to be called in question and that the same cannot to be the same to be Illegal and ultra vires. 12. In the foregoing reasons, we do not find any substance of the contentions raised on behalf of the appellants and we do not also find any reason to interfere with the order of the learned Trial Judge. 13. 12. In the foregoing reasons, we do not find any substance of the contentions raised on behalf of the appellants and we do not also find any reason to interfere with the order of the learned Trial Judge. 13. Accordingly, all the aforesaid appeals are dismissed without any order as to costs. It appears that because of the interim order passed in the matter, the appellants could not file Return as required under the law and accordingly, the time to file Return is extended for one month from today and the said Returns are to be filed within one month from today and the authorities concerned shall take action in accordance with law. Banerjee, J. Nand, J.