ORIENTAL MOTOR ACCESSORIES AGENCY Vs. THIKA CONTROLLER

JUDGEMENT

(1.) The petitioners in this writ petition principally seek to challenge (a) several sections of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, and (b) Section 4 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

(2.) The question that has arisen for consideration is whether the writ petition can be entertained by me in exercise of my powers under Article 226 of the Constitution of India. Counsel for the petitioners argues that it can be entertained.

(3.) Regarding the prayers connected with provisions of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, he submits that the writ petition can be entertained by me in view of the apex Court decision in L.Chandra Kumar v. Union of India, AIR 1997 SC 1125. Counsel places para 93 of the report, which is : "Before moving on to other aspects, we may summarise our conclusions of the jurisdictional powers of these Tribunals. The Tribunals are competent to hear matters where the vires of statutory provisions are questioned. However, in discharging this duty, they cannot act as substitutes for the High Courts and the Supreme Court which have under our constitutional setup, been specifically entrusted with such an obligation. Their function in this respect is only supplementary an all such decisions of the Tribunals will be subject to scrutiny before a Division Bench of the respective High Courts. The Tribunals will consequently also have the power to test the vires of subordinate legislations and rules. However, this power of the Tribunals will be subject to one important exception. The Tribunals shall not entertain any question regarding the vires of their parent statutes following the settled principle that a Tribunal which is a creature of an Act cannot declare that very Act to be unconstitutional. In such cases alone, the concerned High Court may be approached directly. All other decisions of these Tribunals, rendered in cases that they are specifically empowered to adjudicate upon by virtue of their parent statutes, will also be subject to scrutiny before a Division Bench of their respective High Court. We may add that the Tribunals will, however, continue to act as the only Courts of first instance in respect of the areas of law for which they have been constituted. By this, we mean that it will not be open for litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations (except, as mentioned, where the legislation which creates the particular Tribunal is challenged) by overlooking the jurisdiction of the concerned Tribunal."