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HIGH COURT OF CALCUTTA
K. C. Das Gupta, R. S. Bachawat
SHAMBHU NATH GHOSH - Appellant
Versus
BEJOY LAKSHMI COTTON MILLS LTD. - Respondent
A. F. O. O. 398 Of 1958
Decided On : MARCH 05, 1959
LAND DEVELOPMENT AND PLANNING ACT - NOTIFICATION - DECLARATION - SATISFACTION OF STATE GOVERNMENT - SANCTION - DELEGATION OF AUTHORITY - RULES OF BUSINESS - VALIDITY OF NOTIFICATION AND DECLARATION - PRESUMPTION - REBUTTAL - AUTHENTICATION OF ORDER - EFFECT - EXECUTIVE POWER OF STATE - EXERCISE BY GOVERNOR - DELEGATION TO MINISTERS AND OFFICERS - STANDING ORDERS - AUTHORIZATION TO SECRETARY AND ASSISTANT SECRETARY - SCOPE AND LIMITATIONS - QUASI-JUDICIAL FUNCTIONS - AUTHORITY OF SECRETARY AND ASSISTANT SECRETARY.
Fact of the Case:
The case involves two appeals against the decision of Sinha J., directing the issue of an appropriate Writ for setting aside and quashing a Notification of 4-2-1955 and a declaration of 21-7-1956 under S. 4 and S. 6 respectively of the West Bengal Land Development and Planning Act and also the agreement entered into between the Society of Farmers and Rural Industrialists and the Government as regards the payment of compensation for the acquisition of the lands.
Finding of the Court:
1. The satisfaction of the State Government under Section 4 or 6 of the Land Development Act, and the sanction under Section 5 (2) was not delegated to the Assistant Secretary, or to anybody else, and that these duties had to be performed by the Minister in charge in order that the satisfaction under S. 6 and the sanction under Section 5 (2) may amount in law to be satisfaction of the Government, or sanction by the Government respectively. 2. The duty of being satisfied under Section 4, on behalf of the Government that the lands are needed or likely to be needed for any public purpose, was delegated to the Assistant Secretary by the Secretary of the Land Revenue Department. 3. The notification under Section 4 of the Land Development Act was validly issued, as the matter of satisfaction under Section 4 of the Act is not a case covered by item 18 of paragraph 2 of the Standing Order and the Secretary or the Assistant Secretary could, therefore, lawfully discharge the functions of the State Government under Section 4 of the Act.
Issues: 1. Whether the sanction of a scheme, which is an essential prerequisite of an order for declaration, had been given in accordance with law. 2. Whether the declaration was bad on the ground that there had been no satisfaction of the State Government in accordance with law. 3. Whether the satisfaction of the State Government under Section 4 or 6 of the Land Development Act, and the sanction under Section 5 (2) was delegated to the Assistant Secretary, or to anybody else. 4. Whether the duty of being satisfied under Section 4, on behalf of the Government that the lands are needed or likely to be needed for any public purpose, was delegated to the Assistant Secretary by the Secretary of the Land Revenue Department. 5. Whether the notification under Section 4 of the Land Development Act was validly issued.
Ratio Decidendi: 1. The essential prerequisites of a notification under S. 4 are that the Government is satisfied that any land in the area is needed or likely to be needed for a public purpose and that in the absence of such satisfaction, the notification is invalid in law. 2. The essential prerequisites of a declaration under Section 6 are first that a development scheme has been sanctioned under Sub-section (2) of Section 5, that is, sanctioned by the State Government after taking into consideration any report submitted under Sub-section (2) of Section 4a; and secondly, that the Government is satisfied that any land in the notified area for which such scheme has been sanctioned is needed for the purpose of executing such scheme. 3. The satisfaction of the State Government under Section 4 or 6 of the Land Development Act, and the sanction under Section 5 (2) was not delegated to the Assistant Secretary, or to anybody else, and that these duties had to be performed by the Minister in charge in order that the satisfaction under S. 6 and the sanction under Section 5 (2) may amount in law to be satisfaction of the Government, or sanction by the Government respectively. 4. The duty of being satisfied under Section 4, on behalf of the Government that the lands are needed or likely to be needed for any public purpose, was delegated to the Assistant Secretary by the Secretary of the Land Revenue Department. 5. The notification under Section 4 of the Land Development Act was validly issued, as the matter of satisfaction under Section 4 of the Act is not a case covered by item 18 of paragraph 2 of the Standing Order and the Secretary or the Assistant Secretary could, therefore, lawfully discharge the functions of the State Government under Section 4 of the Act.
Final Decision: 1. The order made by the learned Judge was varied to the extent that the notification under Section 4 of the Land Development Act should not be set aside. 2. With this modification, the order made by the learned Judge was affirmed and the appeals were dismissed.
( 1 ) THESE two appeals are against the decision of Sinha J. , directing the issue of an appropriate Writ for setting aside and quashing a Notification of 4-2-1955 and a declaration of 21-7-1956 under S. 4 and S. G respectively of the West Bengal Land Development and Planning Act and also the agreement entered into between the Society of Farmers and Rural Industrialists and the Government as regards the payment of compensation for the acquisition of the lands. These orders were made on the application of Bejoy Lakshmi Cotton Mills Ltd. to whom the lands acquired under these proceedings belonged. It was contended by the applicant that the sanction of a scheme, which is an essential prerequisite of an order for declaration, had not been given in accordance with law. Several other objections to the proceedings taken in the application were not pressed. One point that the notification was bad in law as there had been no satisfaction of the State Government in accordance with law and another point that the declaration was bad on the similar ground that there had been no satisfaction of the State Government in accordance with law were, however, raised at the trial and dealt with by the learned Judge. The learned Tudge came to the conclusion that the sanction of the scheme or the satisfaction as required under Section 4 and Section 6 of the Act was not by or of the Government, in accordance with law, and made the orders mentioned above.
( 2 ) SECTION 4 of the West Bengal Land Development and Planning Act under which the notification was made, is in these words:"the State Government may, by notification in the Official Gazette, declare any area specified in the notification to be a notified area if it is satisfied that any land in such area is needed or is likely to be needed for any public purpose". Section 5 provides in its first sub-section that the State Government may direct the prescribed authority that is the Land Development Committee or, if it so thinks fit in any case, authorise any Company or local authority, to prepare, in accordance with the rules, a development scheme in respect of any area for which a notification under Section 4 has been published. In its second sub-section, Section 5 provides that a development scheme submitted to the State Government under Sub-section (1) may, after taking into consideration any report submitted under Sub-section (2) of Section 4a, be sanctioned by it either without any modification or subject to such modifications as it may deem fit. Section 6 provides that when a development scheme is sanctioned under Sub-section (2) of Section 5 and the State Government is satisfied that any land in the notified area for which such scheme has been sanctioned is needed for the purpose of executing such scheme, a declaration to the effect that such land is needed for a public purpose shall be made by the Government. There can be no doubt therefore that the essential prerequisite of a notification under S. 4 is that the Government is satisfied that any land in the area is needed or likely to be needed for a public purpose and that in the absence of such satisfaction, the notification is invalid in law. There can also be no doubt that the essential prerequisites of a declaration under Section 6 are first that a development scheme has been sanctioned under Sub-section (2) of Section 5, that is, sanctioned by the State Government after taking into consideration any report submitted under Sub-section (2) of Section 4a; and secondly, that the Government is satisfied that any land in the notified area for which such scheme has been sanctioned is needed for the purpose of executing such scheme. In the absence of any of these prerequisites, the declaration is invalid in law.
( 3 ) ON behalf of the applicant, it was urged that in order that a sanction may amount in law to a sanction by the Government, it has to be a sanction by the Minister in charge of the Department and similarly, satisfac
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