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HIGH COURT OF CALCUTTA
Sinha
LUXMI JANARDAN JEW - Appellant
Versus
STATE OF WEST BENGAL - Respondent
Civil Revn. Case 3320 Of 1954
Decided On : AUGUST 25, 1958
The Court held that the West Bengal Land (Requisition and Acquisition) Act of 1948 (Act II of 1948) is intra vires and valid. The Court also held that the requisition of land under the impugned Act amounts to substantial deprivation of property, and therefore what applies is Article 31 and not Article 19 of the Constitution of India.
Fact of the Case:
The petitioners, a Hindu deity and its shebait, challenged the requisition of their land by the State Government under the West Bengal Land (Requisition and Acquisition) Act of 1948 (Act II of 1948) for the purpose of constructing a dumping depot for a sewerage scheme. The petitioners contended that the requisition was illegal as it violated their fundamental rights under Article 19 (1) (f) of the Constitution, which guarantees the right to acquire, hold and dispose of property, and that the Act itself was ultra vires.
Finding of the Court:
The Court held that the requisition of land under Section 3 of the Act, which may be followed by compulsory acquisition, amounts to a substantial deprivation of the rights to property. The Court also held that the provisions contained in Section 3 of the Act are intra vires and valid.
Issues: 1. Whether the requisition of land under the West Bengal Land (Requisition and Acquisition) Act of 1948 (Act II of 1948) is legal and constitutional? 2. Whether the Act itself is ultra vires?
Ratio Decidendi: The Court held that the requisition of land under the impugned Act amounts to substantial deprivation of property, and therefore what applies is Article 31 and not Article 19 of the Constitution of India. The Court also held that the provisions contained in Section 3 of the Act are intra vires and valid.
Final Decision: The Court held that the requisition of land under Section 3 of the Act, which may be followed by compulsory acquisition, amounts to a substantial deprivation of the rights to property. The Court also held that the provisions contained in Section 3 of the Act are intra vires and valid. The Court also held that the requisition proceeding should not be allowed to continue without serving notice upon the deity, who is the owner of the requisitioned property.
( 1 ) THIS application has been made by a Hindu deity, represented by its shebait Sri Krishna Kishore Gupta, and the said Krishna Kishore Gupta in his individual capacity. It is in connection with a plot of land within Mouza Nahesh, P. S. Serampore, comprising an area of more or less 4 cottahs, situate within the Serampore Municipality. This plot of land is situate at the back of Sri Gupta's residential house at Serampore, and is a bare plot with a derelict latrine in it. It is further stated that the land is surrounded by latrines of adjoining premises. This land is being sought to be requisitioned under the West Bengal Land (Requisition and Acquisition) Act of 1948, and the complaint herein is against the requisition order.
( 2 ) IN order to appreciate the facts it would be necessary to go back as far as the year 1920. Since then, there has been an attempt to have a sewerage scheme for the Municipal town of Serampore which badly needs the same, particularly as there are a number of Mills in the locality and the problem of sewerage is acute. So far as the Municipality was concerned, it was unable to execute any such scheme for lack of funds. On 2-6-1936 the Executive Engineer, Western Division, Public Health Department of the Government of Bengal, prepared a report in respect of the sewerage scheme. This was revised by the Chief Engineer, Public Health Department, in September, 1939. At this juncture, the World War No. II broke out and the work of implementing the scheme became impossible, Alter the cessation of the War, the scheme was again taken up by the Government and was revised, because due to rise of prices of commodities and increase in population, the original scheme had become inadequate. A second revised scheme was prepared and thereafter a third revised scheme. The expenditure under the third revised scheme was expected to be in the neighbourhood of Rs. 14,24,055/ -. Subsequently, it was revised again for the fourth time and the cost of the scheme was raised to Rs. 17,22,700/ -. It was this scheme that was finally sanctioned by the Government. Under the scheme, the different Mills who would be benefited by the scheme were to pay Rs. 4,74,650/-; the Government was to contribute Rs. 11,48,467/-, and the balance of Rs. 99,583/-was to be contributed by the Municipality and even this was to be obtained from the Government in the first instance as a loan.
( 3 ) ON 9-3-1946 a special meeting was held by the Municipal Commissioners of Serampore. A copy of the resolution passed at the special meeting is annexed to the affidavit of Sri Prafulla Kumar Chakravartty, affirmed on 20-1-1958, being Annexure I thereof. This meeting had been called to consider the third revised sewerage scheme prepared by the Public Health Department of the State of West Bengal involving an initial expenditure of Rs. 14,24,000/ -. The resolution showed that the expected Government contribution was in the neighbourhood of Rs. 9,49,500/- and the expected contribution by the Mills was Rs. 14,24,055/ -. By the resolution, the Municipality undertook to pay the cost for the land acquisition in connection with the scheme and to meet the recurring charges of upkeep and maintenance. The operative part of the resolution is as follows :"resolved that in view of the co-operation offered by Mills and their decision to participate in a comprehensive Sewerage Scheme for the Municipal area, instead of having small independent installations which they are required to arrange under the Factory Rules and in view of the fact that the recurring cost can be met from the saving in expenditure under the conservancy head after the introduction of the Sewerage Scheme, the Scheme be sanctioned and be taken up at once in order that sanitary condition of the town as a whole and the labour colonies and the bustees in particular can be effectively improved. Government be moved to accord administrative approval and to sanction two-thirds of the capital cost, amountin
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