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HIGH COURT OF CALCUTTA
G. N. DAS, DEBABRATA MOOKHERJEE
GOURIPADA BANDOPADHYA - Appellant
Versus
S. BANERJEE, SECY. GOVT. OF WEST BENGAL - Respondent
A. F. O. O. 12 Of 1952
Decided On : JUNE 11, 1953
WEST BENGAL LAND DEVELOPMENT AND PLANNING ACT, 1948 - SECTION 4, 5, 6, 7, 8 - CONSTITUTION OF INDIA - ARTICLE 19 (1) (F), 31 (1), 31 (2) - NOTIFICATION UNDER SECTION 4 - VALIDITY - RESTRICTIONS ON FUNDAMENTAL RIGHT TO ACQUIRE, HOLD AND DISPOSE OF PROPERTY - COMPENSATION - PUBLIC PURPOSE - NATURAL JUSTICE.
Fact of the Case:
The appellant challenged the validity of a notification issued under Section 4 of the West Bengal Land Development and Planning Act, 1948, declaring a certain area as a notified area for the purpose of settling immigrants from East Pakistan. The appellant contended that the notification was an unreasonable restriction on his fundamental right to acquire, hold, and dispose of property under Article 19 (1) (f) of the Constitution, violated Article 31 (1) of the Constitution, and did not comply with the spirit of Section 4 of the Act.
Finding of the Court:
The court held that the notification under Section 4 was not an unreasonable restriction on the appellant's fundamental right under Article 19 (1) (f) of the Constitution as it was in the interest of the general public and contained reasonable restrictions. The court also held that the notification did not violate Article 31 (1) of the Constitution as it provided for the payment of just and fair compensation. Furthermore, the court found that the notification was consistent with the terms of the Act and did not violate the principles of natural justice.
Issues: 1. Whether the notification under Section 4 of the West Bengal Land Development and Planning Act, 1948, was an unreasonable restriction on the appellant's fundamental right to acquire, hold, and dispose of property under Article 19 (1) (f) of the Constitution? 2. Whether the notification violated Article 31 (1) of the Constitution? 3. Whether the notification complied with the spirit of Section 4 of the Act?
Ratio Decidendi: 1. The court held that the notification under Section 4 was not an unreasonable restriction on the appellant's fundamental right under Article 19 (1) (f) of the Constitution as it was in the interest of the general public and contained reasonable restrictions. The court noted that the Act provided for a three-fold notification process, including a notification under Section 4, a notification of the declaration under Section 6, and a further notification before possession is taken. The court found that these notifications and the Rules framed under the Act amply safeguarded the rights of the owner and gave the persons interested sufficient opportunity of objecting either to the scheme or to the intended acquisition. 2. The court held that the notification did not violate Article 31 (1) of the Constitution as it provided for the payment of just and fair compensation. The court noted that Article 31 (2) of the Constitution specifically deals with acquisition for a public purpose and contemplates cases like the present. The court found that the Act provided for the payment of compensation, which meant just and fair compensation, and therefore the acquisition for a public purpose was authorized by the Constitution. 3. The court held that the notification was consistent with the terms of the Act and did not violate the principles of natural justice. The court found that the Act provided for a three-fold notification process, which gave the persons interested sufficient opportunity of objecting either to the scheme or to the intended acquisition. The court also found that the Act did not contain a provision similar to Section 5a of the Land Acquisition Act, but that the whole object of the present legislation was to acquire property for public purposes speedily in certain contingencies.
Final Decision: The court dismissed the appeal with costs.
( 1 ) THIS appeal is directed against the judgment of Bose J. dated 26-11-1951.
( 2 ) THE facts are that a block of land was directed by a notification under section 4, West Bengal Land Development and Planning Act, 1948, to be a notified area in terms of that Section. The notification was duly published on 21-12-1950. Thereafter on 23-12-1950 a declaration was made under Section 6 of the Act read with Section 7 thereof whereby a, plot of land belonging to the appellant and lying within the notified area was declared to be needed for the purpose of settling immigrants from East Pakisthan. Before possession was taken by the Collector the appellant filed an application under Article 226 of the Constitution praying for the issue of a writ of mandamus directing the respondents not to proceed further in the matter. Bose J. issued rule nisi on 21-2-1951.
( 3 ) ON a perusal of the affidavits filed in this case on behalf of the parties Bose J. discharged the Rule by his order dated 26-11-1951. It is against this order that the present appeal has been taken.
( 4 ) MR. Butt who has appeared in support of the appeal ultimately pressed the following contentions
( 5 ) HE contended that the notification under section 4 of the Act was an unreasonable restriction on the appellant's fundamental right to acquire, hold and dispose of his property under Article 19 (1) (f) of the Constitution. In the second place he contended that the notification under section 4 was invalid being in contravention of Article 31 (1) of the Constitution. In the third place he contended that notification under section 4 is not in compliance with the spirit of Section 4.
( 6 ) THE West Bengal Land Development and Planning Act (Act 21 of 1948) was intended to make provision for the acquisition and development of land for purposes mentioned in the Act. Section 2 (d) of the Act defines the expression "public purpose" to include (i) the settlement of immigrants who have migrated into the State of West Bengal on account of circumstances beyond their control, (ii) the establishment of towns, model villages and agricultural colonies, (iii) the creation of better living conditions in urban and rural areas, (iv) the improvement and development of agriculture, forestry, fisheries and industries.
( 7 ) SECTION 4 of the Act empowers the State Government if it is satisfied that any area specified in the notification is needed or likely to be needed for any public purpose to declare by notification in the official gazette a certain area to be a notified area. Section 4 (2) confers on the prescribed authority to do certain acts for the purpose of facilitating a survey of the land comprised in that notified area. Section 5 of the Act provides that the State Government may authorise the prescribed authority or if it thinks fit, any local authority or a Company to prepare a development scheme in respect of the notified area.
( 8 ) RULE 5 (2) of the Rules framed under Section 14 of the Act requires that the Committee appointed under Rule 3 (2) will cause a local enquiry to be made either by the Collector or by an officer authorised by the Collector, after giving all persons interested an opportunity of making representations, if any, against the scheme. Section 5 (2) read with the Rules makes provision for the framing of the Scheme and after the Scheme is framed for sanction thereof with or without modification by the State Government. Section 6 Of the Act then provides that when the State Government has sanctioned a development scheme and is satisfied that any land within a notified area is needed for execution of the development scheme, a declaration to the effect that such land is needed for public purpose, shall, unless already made in pursuance of Section 7, be made by the State Government. Section 7 of the Act provides that in case of urgency if the State Government is satisfied that the preparation of a development scheme is likely to be delayed, the State Go
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