BHASWATI ROY PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition was filed challenging the order dated January 8, 2003 passed by the West Bengal Land Reforms and Tenancy Tribunal dismissing the application filed by the present writ petitioners against an appellate order. The said appellate order was passed against the order of the Revenue Officer determining that the Raiyat Sm. Kalyani Pandey and the members of her family being the present applicants held 35.16 acres of land and since Raiyat had a four members family, she was entitled to a ceiling area of 17.30 acres and order of vesting was passed in respect of the balance land subject to result of the Special Leave Petition pending before the Supreme Court on the question of vires of the amendments of the West Bengal Land Reforms Act made in 1981 and 1986.

(2.) Heard Mr. Saktinath Mukherji, learned Counsel for the petitioners and Mr. Pulak Ranjan Mondal learned Counsel for the respondents. As the decision in the present writ petition may have serious consequence if the contention of the petitioners is accepted, and the question raised by the petitioners required further consideration the matter was again fixed for 'Further Hearing' upon notice to the learned Advocate General and both sides were heard.

(3.) Contention of Mr. Mukherji is that West Bengal Land Reforms Act, 1955 (hereinafter referred to as Principal Act) was enacted indicating in Section 1(3) of the said Act that the said Section 1 was to come into effect immediately and "remaining provisions" of the Act were to come into force upon publication of notification in official gazette. By various notifications various provisions of the said Act were enforced. But when the West Bengal Land Reforms (Amendment) Act, 1971 was passed, Section 1(2) of the said Amending Act provided for similar provisions for its enforcement mentioning that the provisions of the said Act was to come into force on such date as the State Government may by notification in the official gazette appoint and different dates may be appointed for different provisions of the Act and any reference to the commencement of any provisions of the Act shall be construed as referring the date on which that provision comes into force. By a subsequent amendment being the West Bengal Land Reforms (Amendment) Act, 1972 various provisions of the Principal Act were omitted, and some provisions were substituted or inserted. Chapter-IIB was inserted in the Principal Act by Section 13 of the Amending Act of 1972. This Amending Act was enforced as mentioned in Section 1(2) of the said Amending Act of 1972 which shows that Section 13 thereof was deemed to have come into force on the 15th of February, 1971. The said 15th February, 1971 was the date prescribed by the notification dated 13th February, 1971 as appointed date for enforcement of Section 13 of the Amending Act of 1971 inserting Chapter-IIB.