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) m