SM SARALA DEBI Vs. PRESIDENT, CALCUTTA IMPROVEMENT TRIBUNAL

JUDGEMENT

(1.) This is an application under Section 115, Civil P. C, as well as under Section 107, Government of India Act, on behalf of one Sarala Debi against an order of the President of the Calcutta Improvement Tribunal dismissing her application by which she objected to the re- investment of certain Government securities which were deposited under the provisions of Section 32, Land Acquisition Act, for the purchase of land. The proceeding originated with a notice which was given by the President on 22 March, 1934 to the petitioner to the following effect: Whereas a sum of Rs. 33,210-15-6 was remitted to this Court by the Land Acquisition Collector, Calcutta, for deposit under Section 81, Land Acquisition Act, and whereas Government Promissory Notes for Rs. 48,600 is now held in deposit to your credit in the above case, you are hereby required to show cause on the day of 5 April 1934, why the said sum should not be applied in whole or in part, in the purchase of lands in accordance with the provisions of Section 32 of the said Act. Failing such cause being shown the matter will be disposed of in your absence. Particulars are obtainable at this office of suitable lands for investment belonging to the Calcutta Improvement Trust, and of other lands offered by parties for sale.

(2.) On receipt of this notice the petitioner who is a Hindu widow and who has got the Hindu widow's estate in the lands which were acquired and compensation money in respect whereof was not paid to the petitioner but wa3 deposited with the President of the Improvement Tribunal raised an objection to the reinvestment of the securities in the purchase of land. No notice was given to the immediate reversioner who was the petitioner's daughter and to the ultimate reversioners, namely her daughter s, sons. The President of the Tribunal by the order which is the subject matter of this rule refused the objections of the petitioner to the application of the Government securities in the purchase of lands. The learned President was of opinion that having regard to Section 32, Land Acquisition Act, he had no option but to direct a change in the investment. The President says this: The language of Section 32 is plain and imperative in directing the Court to invest the compensation money in land and the doing of that act is not made conditional on any action to be taken by any party. I am of opinion therefore that as suitable properties are available now, the Court must change the investment, and apply the compensation money in the purchase of other land under like title and conditions of ownership as the land in respect of which such money has been deposited.

(3.) It seems to us that in issuing the notice dated 2 March, 1934 the learned President was assuming jurisdiction under a wrong view of the law. It appears from, the plain reading of the statute that it is not incumbent on the learned President of the Tribunal under that section to direct a re-investment in land, the investment having been made so far back as 20 years from now in approved Government securities. It becomes necessary to consider the language of the section for the proper construction which is to be put upon Section 32. Section 32 of the Act runs as follows: If any money shall be deposited in Court under Sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court shall (a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held, or (b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as the Court shall think fit; and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such money shall remain so deposited and invested until the same is applied: (i) in the purchase of such other lands as aforesaid; or (ii) in payment to any person or persons becoming absolutely entitled thereto.