STATE OF WEST BENGAL Vs. MANGAL CHANDRA BURMAN

JUDGEMENT

(1.) The question raised upon this Rule under Article 227 of the Constitution is whether or not certain plots of land having bamboo clumps thereupon can be regarded as an agricultural land within the meaning of Section 2, Clause (b) of the West Bengal Estates Acquisition Act, 1953 (1 of 1954).

(2.) The Revenue Officer under Section 44(2a) holds ex parte that such land does constitute very much agricultural land. The Appellate Judge on appeal holds just the opposite. Hence this Rule under Article 227 of the Constitution at the instance of the State of West Bengal.

(3.) Now, what is a bamboo? What exactly is its meaning? The dictionary meaning of the word is that it is a gigantic tropical and sub-tropical grass with hollow-joined woody stem. Such meaning of the word 'bamboo' does not appear to be in the realm of controversy.