MD SAFI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appln. under Article 226 of the Constitution for a Writ in the nature of Mandamus directing the resps. to cancel or recall notfns. NOS. 3642 L. Dev. & 3644 L. Dev. both dated 4-4-1950 issued under the West Bengal Land Development & Planning Act, 1948 & also to forbear from giving effect to the said notfns.

(2.) The petnr. is the owner of certain lands appertaining to Cadastral Survey Plot NOS. 389, 390, 391 & 966 at Mouza Manirampur & Thana Barrackpore in the District of 24 Parganas. The petnr. cultivates the said lands & grows various kinds of vegetables thereon & sells the same at the Sadar Bazar, Barrackpore & the sale proceeds of these vegetables are alleged to be the only means of livelihood of the petnr. & his family. The lands in question have been used for the last forty years for growing high class vegetables. The petnr. has also erected a building on the said lands consisting of six rooms out-of which four rooms are let out to tenants & two rooms are occupied by the servants & workmen of the petnr. In that land there is also a cow-shed where the petnr. has kept cattle for the purpose of his cultivation. There are also two tanks on the said land where the petnr. rears fishes for sale & for domestic consumption. There are large numbers of Mango trees, Cocoanut Groves, Jack Fruit trees & Guava trees from the produce of which the petnr. derives a large annual income. As a result of certain officers of the resps having entered into the said, lands & having bored into the subsoil of the said land & having caused extensive damages to the standing crops the patnr. made enquiries & come to know that a Notfn No 3642 L. Dev. appeared in the Calcutta Gazette of 20-4-1950 to the effect that the said lands of the petnr. were likely to be required under the provisions of the West Bengal Land Development & Planning Act (Act XXI [21] of 1948). The petnr. was, however, not served with any individual notice of the purported acquisition. By another notfn. of the same date (4-4-1950) being no. 3644 L. Dev. & published in the Gazette of the same date (20-4-1950) the said lands were declared to have been acquired by the resp. The petnr made various representations to the resp. in its various depts. against the said proposed requisition but the resp. failed & neglected to consider or accede to those representations & thereby denied justice to the petnr.

(3.) Mr. 6. P. Kar, learned counsel for the petnr., Argues that the West Bengal Act is ultra vires & unconstitutional inasmuch as it infringes & is inconsistent with Articles 19 & 31 of the Const. Ind. It is submitted that the Act is discriminatory, expropriatory & constitutes unreasonable interference & imposes unreasonable & unwarranted restrictions on the fundamental rights of the petnr. as citizen, of India to acquire, hold & dispose of property & carry on trade or business