PASUPATI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject-matter of challenge in the writ petition, out of which this appeal arises, is the constitutional validity of the West Bengal Fisheries (Requisition and Acquisition) Act, 1965, hereafter referred to as the Act The appellant is the owner of a Fishery in the District of 24-Par-ganas, and claims to have spent Rs. 15,000/-in repairing embankment and in clearing weeds. He also claims to have spent a large sum of money to make the Fishery fit for pisciculture and also claims to have spent other sums for maintenance of the Fishery.

(2.) On November 11, 1966, he received a Notice that the Fishery had been requisitioned under Section 4 of the Act, directing him to deliver possession of the Fishery to a representative of the Land Acquisition Department on November 13, 1966. Symbolic possession of the Fishery was taken on that date. Thereupon the appellant obtained a rule nisi on a writ petition. This rule was discharged by a judgment and order dated April 17, 1972 which is the subject-matter of this appeal.

(3.) The constitutional validity of the Act is challenged on two main grounds, namely, violation of Article 19 (1) (f) and also Article 31 (2) of the Constitution. The object of the Statute, as it appears from the preamble to the Act, is to provide for the requision and speedy acquisition of fishery for the. purpose of improvement or development of such fishery, and supplying fish to the public therefrom.