The Revenue Officer of the State lacks the statutory authority to review vested land orders under the West Bengal Estates Acquisition Act without explicit legislative provision, affirming separation of powers and judicial independence.

JUDGMENT :

NONGMEIKAPAM KOTISWAR SINGH, J.

THE CHALLENGE

1. The present Civil Appeal has been preferred by the State of West Bengal and Others (hereinafter referred to as “the appellants”), being aggrieved by the impugned judgment and order dated 17.05.2012, passed in WPLRT No. 43 of 2010 by a Division Bench of the High Court of Judicature at Calcutta. The High Court, by the impugned judgment, allowed the writ petition preferred by Jai Hind Private Limited, the respondent-company herein, and set aside the judgment and order dated 31.03.2010 passed by the West Bengal Land Reforms and Tenancy Tribunal (“the Tribunal” for short), thereby allowing the respondent-company to retain 211.21 acres of land.

2. By the said judgment, the High Court also upheld the review order dated 07.05.2008 passed by the Block Land and Land Reforms Officer (hereinafter referred to as “B.L. & L.R.O.”), Bharatpur-II, Murshidabad, West Bengal, as well as the Government Order dated 26.02.2008 issued by the Principal Secretary, Land and Land Reforms Department, Government of West Bengal. Consequently, the High Court directed the concerned authorities, including the Revenue Officer to accept land revenue and cess from the respondent-company in respect of 211.21 acres of land which it had been permitted to be retained pursuant to the order dated 07.05.2008 passed by the B.L. & L.R.O., Bharatpur-II, Murshidabad under Sections 6(1)(j), 6(1)(a) and 6(1)(e) of the West Bengal Estates Acquisition Act, 1953 (“the WBEA Act, 1953”, for short) and Section 14Q(1) of the West Bengal Land Reforms Act, 1955 (“the WBLR Act, 1955” for short).

FACTUAL MATRIX

3. The dispute has arisen from the respondent-company’s claim to retain certain lands under the provisions of the WBEA Act, 1953, which was allowed by the High Court in the impugned judgment. The facts in brief essential for adjudication of the present appeal are that the respondent-company, incorporated in the year 1946 under the provisions of the Indian Companies Act, 1913, had 23 shareholders as on 01.01.1952. It had purchased about 205.57 acres of agricultural land in its own name prior to 01.01.1952 and, subsequent to the aforementioned date, purchased an additional 34.14 acres of land, including agricultural land, homestead, ponds, etc.

4. The WBEA Act, 1953, enacted by the State of West Bengal, which came into effect from 12.02.1954, allowed the State to acquire the estates, the rights of intermediaries therein and certain rights of raiyats and under-raiyats. An intermediary is defined under Section 2(i) of the aforementioned Act as a proprietor, tenure-holder, under-tenure-holder or any other intermediary above a raiyat or a non-agricultural tenant and includes a service tenure-holder and, in relation to mines and minerals, includes a lessee and a sub-lessee. Under Section 4 of the said Act, the State Government may, by notification, declare that all estates and the rights of intermediaries in such estates situated in any district or part of a district as specified in the notification, shall vest in the State free from all encumbrances. Further, Section 5 of the WBEA Act, 1953, provides for the effect of such notification.

5. However, Section 6 (1) of the WBEA Act, 1953 preserves to intermediaries a limited right to retain certain categories of land, inter alia, (a) homestead land; (b) land comprised in or appertaining to buildings and structures owned by intermediary or by any person, not being a tenant, holding under him by leave or license; (c) non-agricultural land in khas possession up to certain area; (d) agricultural land in khas possession, not exceeding 25 acres in area; (e) tank fisheries, etc. Importantly, Section 6 (1)(j) of the WBEA Act, 1953 which assumes utmost relevance in the present case, permits a cooperative society registered or deemed to have been registered under the Bengal Cooperative Society Act, 1940 or a company incorporated under the Indian Companies Act, 1913 and engaged exclusively in fa