WEST NBENGAL GOVERNMENT EMPLOYEES FOOD AND SUPPLIES CO OPERATIVE HOUSINGH SOCIETY LIMITED Vs. SULEKHA PAL DEY

JUDGEMENT

(1.) The above appeals have been filed against the common order dated 18-4-1996 in F.M.A.T. No. 3357 of 1992 filed in the High Court by the appellants in C.A. No. 12509 of 1996 and F.M.A.T. No. 3391 of 1992 filed by the State of West Bengal-appellant in C.A. No. 442 of 1998, whereunder the Division Bench of the High Court, except for making certain modification of the order of the learned single Judge and partly allowing the appeals, affirmed the decision so rendered.

(2.) The West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as "the Estates Acquisition Act") came into force on 12-2-1954. On 15-4-1954, a Notification was issued under Section 4(1) vesting all estates and the rights of all intermediaries in the State free from all encumbrances and thereupon the State became the paramount title-holder by virtue of Section 5 also. Under Section 6, notwithstanding anything contained in Sections 4 and 5, an intermediary shall be entitled to retain with effect from the date of vesting land comprised in homesteads; land comprised in or appertaining to buildings and structures owned by the intermediary or by any person, not being a tenant holding under him by leave or licence; agricultural and non-agricultural lands in his khas possession, not exceeding twenty-five acres in area and fifteen acres in area respectively, subject to the stipulations contained therein as to the nature of such land and the total extent that could be so retained of different categories of such property. Sub-section (5) of Section 6 reads as follows :-

(3.) If, as indicated in the said provision, no choice of retention was exercised within the period stipulated under Rule 4A of the Rules, the Revenue Officer, after giving the intermediary an opportunity, shall allow him to retain the prescribed quantum of land in proceedings known as Big Raiyat Case (B. R. Case). Section 10 enables the Collector to take charge of estates and interests of intermediaries, which vest in the State under Section 5. Sub-section (2), (5) and (6) of Section 10, which are relevant for the purpose of consideration of the issues raised in these cases, read as follows :-