STATE OF WEST BENGAL Vs. BON BEHARI MONDAL

JUDGEMENT

(1.) A single point of law arises for our consideration in both these appeals, namely, whether the Collector was right in valuing the compensation payable for certain plots of land acquired under the West Bengal Land (Requisition and Acquisition) Act (West Bengal Act II of 1948) in accordance with the provisions of the second proviso to Section 7(1) of the said Act and whether the Court below was wrong in treating the aforesaid provisions as ultra vires;

(2.) West Bengal Act II of 1948 came into operation on March 11, 1948. Section 7(1) of. the Act, as it originally stood, is hereinbelow set out:

(3.) The Act was amended by West Bengal Act VII of 1951, which came into operation on March 21, 1951, and in Section 7(1) of the Act, after the words and figures "Section 23 of the Land Acquisition Act, 1894", the words, "so far as they may be applicable" were added.