LAWS(CAL)-1999-4-14

ASISH KUMAR ROY Vs. UNION OF INDIA

Decided On April 16, 1999
ASHISH KUMAR ROY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this petition the petitioner being the learned Member of the Bar Association (the respondent No. 3) has challenged the vires of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (hereinafter referred to as the said Act).

(2.) In the petition it has been alleged amongst other that they being the regular practitioners of this Court are seriously affected as they are having substantial practice in litigations of land laws in the event the said Act comes in operation.

(3.) In the petition the sum and substance of the challenge as against the Act are given hereunder.(i) It is not a Tribunal within the meaning of the provision of Art. 323-B(1) of Cl. (d) as it lacks all the attributes of this Article.(ii) The jurisdiction, power and authority of the Tribunal as mentioned in Ss. 6, 7 and 8 of the Act are ultra vires Constitution of India as it intends to take away the power of judicial review of the High Court under Arts. 226 and 227 of the Constitution of India, as a Court of first instance.(iii) The provision of transfer of all the pending matters, proceedings, cases and appeals in this Hon'ble Court under S. 9 of the said Act also ultra vires Constitution as it intends to take away jurisdiction and power of this Court under Arts. 226 and 227 of the Constitution of India, consequently it hits basic structure of the Constitution.