DAYAMAYA DEBI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) 1. In this Rule the petitioners challenge the vires of the West Bengal Land Reforms (Amendment) Act, 1972 which was assented to by the President on 4th May, 1972. By the said amendment in particular Chapter IIB was inserted by section 13 of the said Act. Chapter IIB introduces into the Act, sections 14 (J, K, L, M, N, O, P, Q, R, S, T, U, V, W,X and Y) and section 16 of the Act. The said sections are in the following terms: -

(2.) Under section 1(2) of Act XII of 1972, section 13 by which Chapter IIB was inserted came into force on 15th February, 1971, sections 2,3,4,5and 6, clause (ii) of section 7, sections 8,9,10,11 and 12, sub-section (2) of section 19, sections 22,23,24,25,26 and 27 came into force on 12th February, 1971.

(3.) The case of the petitioner as made out in the petition is that the petitioner is in possession of 25 acres of lands under the personal cultivation. They are enjoying the said properties as they have retained these lands after the vesting of the estate in the State with an enactment of the West Bengal Estates Acquisition Act. Under section 4 of the West Bengal Land Reforms Act, the petitioners were also allowed to continue to enjoy the said lands in their personal cultivation. Before the present amendment it was specifically provided that no raiyat shall be entitled to own more than 25 acres of land, excluding homestead. It is stated that this ceiling area is being reduced by the present amendment. It is further stated that by the present amendment the unit for retention has been changed from the individual to be family basis and the ceiling limit for retention of the lands has been reduced and the compensation for the surplus land was fixed at a rate les than the market rate.