Judgment

SIKRI, CJI.: - The following question has been referred to the Constitution Bench under the proviso to Article 145 (3) of the Constitution:

"Whether the West Bengal Land {Requisition and Acquisition) Act, 1948 is ultra vires the Constitution under Article 19 (1) (f) read with Article l9 (5) ?"

2. The learned counsel for the appellants, Shri Arun Kumar Dutta. challenges the West Bengal Land (Requisition and Acquisition) Act, 1948 hereinafter referred to as the impugned Act - on the ground that it does not impose reasonable restrictions within Article 19 (5) of the Constitution. He urges three grounds in this respect. First, he says, that there is no provision for a notice to the owner or the occupier of the property before an order of requisition is passed. Secondly, there is no provision for an appeal against the order of requisition, and thirdly, a civil suit is barred under Section 11 of the impugned Act.

3. In order to appreciate the points raised by the learned counsel it is necessary to set out the scheme of the Act. The impugned Act was enacted in order to provide for requisitioning and speedy acquisition of land for a number of public purposes. These purposes are- (1) maintaining supplies and services essential to the life of the community, (2) provide proper facilities for transport, communication, irrigation or drainage: and (3) creation of better living conditions in urban or rural areas by the construction or re-construction of dwelling places in such areas. The State of West Bengal was faced with many emergent problems created by the partition of India, and this Act was designed to meet these problems in a speedy manner. Section 3 enables the State Government to requisition land for the purposes mentioned above. A Collector of a district, an Additional District Magistrate or the First Land Acquisition Collector, Calcutta, when authorised by the State Government in this behalf. may exercise within his jurisdiction the powers of requisitioning conferred by sub-section (1). Sub-section (2) of Section 3 provides for service of this order in the prescribed manner on the owner of land and also on the occupier not being owner of land. Under sub-section (3) of Section 3 the Collector, or any person authorised by him in writing in this behalf, is entitled to execute the order in the manner mentioned therein, if the order passed under sub section (2) is not complied with by any person. There is nothing in the impugned Act which prevents a person on whom an order has been served under sub-section (2) to make a representation to the Collector or the State Government against the order of requisition. Section 4 enables the State Government to use or deal with the land for the purposes aforesaid.

4. We are not concerned with acquisition in this case but we may mention that the State Government may acquire any land requisitioned under the Act by publishing a notice in the official gazette that such land is required for a public purpose referred to in sub-section (1) of Section 3.

5. Section 6 enables the State Government to derequisition or release from requisition any land.

6. The impugned Act provides for fair compensation in respect of the requisitioned land under Section 7 (3) and Section 7 (4). Sub-section (3) provides that where any land is requisitioned under Section 3, there shall be paid to every person interested compensation in respect of -

(a) the requisition of such land; and

(b) any damage done during the period of requisition to such land other than what may have been sustained by natural causes.

Sub-section (4) lays down the principles to be followed in determining the compensation. If the Collector and the person interested agree to the compensation the Collector is enabled to make an award ordering payment of the agreed compensation. If there is disagreement, sub-section (4) provides that the compensation payable shall be the amount determined by the Court on reference made by the Collector under Clause (b) of sub