BHUTNATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appellants in all these cases seek orders from the Court in its writ jurisdiction commanding the respondents not to take possession of their raiyati holdings. The common question in all these appeals is whether the raiyati holdings of the appellants vested in the State Government on the issue of the notification under section 4 read with section 52 of the West Bengal Estates Acquisition Act, 1953. Before the issue of the notification the appellants held diverse lands as raiyats. Some of the appellants allege that the lands held by them are occupancy raiyati lands and that they themselves cultivate a major portion of the lands with the help of the servants and hired labourers and other portions of the lands are cultivated by bargadars. The validity of the West Bengal Estates Acquisition Act, 1953 and of the rules made thereunder are challenged on various grounds. The arguments before us have proceeded on the footing that the grounds set out in the petitions in the court below of the appellants in F. M. A. 203 of 1958 and in F. M. A. 128 of 1958 were the model grounds for the challenge of the Act and the rules. Some of the appellants have also sought to urge several new grounds not taken in the court below. In this judgment I will notice only those grounds which have been canvassed before us. Other grounds raised in the petitions in the court below and not noticed in this judgment have not been pressed before as.

(2.) TO appreciate the arguments advanced before us it is necessary to remember the following chronology of events. On the 18th June 1951 article 31a was introduced in the Constitution by the Constitution (First Amendment) Act, 1951 with retrospective effect. On the 12th February 1954 the West Bengal Estates Acquisition Act, 1953 (Act I of 1954) was passed. On the issue of the notification under section 4 of the Act, all estates and the rights of intermediaries therein vested in the State free of in cumbrances with effect from the 15th April, 1955. By section 2 (i) intermediary means a proprietor, tenure-holder, under-tenure holder or other intermediary above a raiyat or a nonagricultural tenant. By section 2 (f) "estate" or "tenure" includes part of any estate or part of a tenure. Estate is not otherwise defined in the Act but having regard to section 2 (p) of the Act, the expression "estate" has the same meaning as in the Bengal Tenancy Act, 1885 (Act VIII of 1885 ). By section 3 (4) of the Bengal Tenancy Act, 1885 "estate" means "land included under one entry in any of the general registers of revenue-paying lands and revenue-free lands, prepared and maintained under the law for the time being in force by the Collector of a district, and includes Government Khas Mahals and revenue-free lands not entered in any register. " By section 3 (ii) of the Bengal Tenancy Act, 1885 "proprietor" means "a person owning, whether in trust or for his own benefit, an estate or part of an estate. " Section 4 of that Act provides that for the purposes of that Act there would be following classes of tenants, namely (1) tenure-holders including under tenure-holders (2) raiyats and (3) under-raiyats, that is to say, tenants holding whether immediately or mediately, under-raiyats. Section 5 of that Act. gives the meaning of the words "tenure-holder" and "raiyat". On the 27th April 1955, articles 31 (2) and 31a of the Constitution were amended by the Constitution (Fourth Amendment Act), 1955 with retrospective effect. The relevant portion of article 31a now reads thus: -

(3.) IN view of the amended article 31a (2) (b), laws providing for the acquisition by the State of any rights vesting in a raiyat or under-raiyat came within the protection of article 31a with retrospective effect as from the 26th January 1956. Accordingly the State Legislature passed the West Bengal Estates Acquisition (Amendment) Act,. 1955 (West Bengal Act, XXXV of 1955) amending the heading of Chapter VI of the parent Act, and sections 49 and 52 thereof and repealing sections 50 and 51 with retrospective effect. Chapter VI bears the new heading "acquisition of interests of raiyats and under-raiyats. " The provisions of Chapter VI came into force in all the districts of West Bengal on the 10th April 1956 by virtue of the notification dated the 9th April, 1956 issued under section 49. Section 52, omitting the proviso which is not material for this case, reads thus:-