Judgment

SABYASACHI MUKHARJ1, C.J.I. :- This appeal by special leave arises from the judgment and order of the Division Bench of the High Court of Calcutta dated 19th Sept., 1986.

2. The Indian Independence Act, 1947 (hereinafter referred to as "the Act" ) was passed by the British Parliament. This Act came into force on and from 15th August, 1947, which was the appointed day and under the Act, as from the appointed day, two independent dominions were to be set up in place of the existing India known, respectively as India and Pakistan. Two independent dominions were set up in place of the existing Indian Union. Section 3(1) of the Act provided, inter alia, that as from the appointed day the Province of Bengal as constituted under the Government of India Act, 1935 shall cease to exist and in lieu thereof two new provinces known respectively as East Bengal and West Bengal shall be constituted under Sec. 3(3) of the Act. Under S. 3(3) of the Act, it was provided that the boundaries of the new provinces as aforesaid shall be such as may be determined whether before or after the appointed day by the award of a Boundary Commission appointed or to be appointed by the Governor General in th