Judgment:-

Markandey Katju, J.

CIVIL APPEAL NOS. 369-370/2005:

1. These two appeals have been filed against the final judgment and order dated 11.7.2003 passed by the Division Bench of the Calcutta High Court in W.P.L.R.T. No. 279 of 2002 and W.P.L.R.T. No. 309 of 2002.

2. Heard learned counsel for the parties and perused the record.

3. The facts of the case have been mentioned in detail in the impugned judgment of the Division Bench and we need not repeat the same here except where necessary. The controversy in this case relates to the interpretation of the proviso to Section 6(3) of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the `1953 Act).

4. Before dealing with the controversy we may mention that like in many other States in India, after India became independent in 1947, and after the Constitution of India came into force in 1950, it was decided by the State Legislature of West Bengal to abolish the Zamindari system because of its various evils. Consequently, the 1953 Act was enacted.

5. Section 4(1) of the 1953 Act states:

"The State Government may from time to time by notification declare that with effect from the date mentioned in the notificati