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1978 Supreme(Cal) 279
High Court Of Calcutta
M.M.Dutt, D.C.Chakravorti, JJ.
Dhirendra Nath Gole – Appellant
Versus
Revenue Officer Hoogly – Respondent
Decided on : Apr 13, 1978
A.K.Basu Choudhury, B.Chandra Mondal, S.N.Mukherjee,
The meaning of 'orchard' under the West Bengal Estates Acquisition Act, 1953, does not include land consisting of banana plants.
Headnote:
WEST BENGAL ESTATES ACQUISITION ACT, 1953 - SECTION 6(1)(F), 6(2) - ORCHARD - INTERPRETATION - LAND CONSISTING OF BANANA PLANTS - NOT AN ORCHARD.
Fact of the Case:
The dispute arose over whether a 36.31-acre land consisting of banana plants and a few mango trees was an orchard within the meaning of the proviso to sub-section (2) of section 6 of the West Bengal Estates Acquisition Act, 1953 (the Act). The Revenue Officer held that the land was not an orchard but agricultural land and vested in the State. The High Court upheld this decision.
Finding of the Court:
The court held that the disputed land was not an orchard within the meaning of the Act. It noted that the Act did not define 'orchard' and that the dictionary meaning of 'orchard' was 'an enclosure for the cultivation of fruit trees.' The court found that banana plants were not considered trees in the true sense of the term and that they required cultivation. The court also noted that green plantains, plantain flowers, and the stems of banana plants were used as vegetables.
Issues: Whether the disputed land was an orchard within the meaning of the proviso to sub-section (2) of section 6 of the West Bengal Estates Acquisition Act, 1953.
Ratio Decidendi: The court held that the extended dictionary meaning of 'orchard' could not be adopted as it was not in agreement with the object of the Act, which was to acquire agricultural and horticultural lands. The court found that banana plants were not perennial fruit trees and that they required cultivation. The court also noted that green plantains, plantain flowers, and the stems of banana plants were used as vegetables.
Final Decision: The court dismissed the appeal and affirmed the judgment of the lower court.
1. THE principal question that is involved in this appeal is whether the disputed land measuring 36. 31 acres consisting of banana plants and a few mango trees is an orchard within the meaning of the proviso to sub-section (2) of section 6 of the West Bengal Estates Acquisition Act, 1953, hereinafter referred to as the act.
2. IN the proceeding under section 6 (1) of the Act, it has been held by the Revenue Officer that the disputed land is not an orchard, but an agricultural land and that the same has vested in the State. P. K. Banerjee J, has affirmed the finding of the Revenue officer and has discharged the Rule nisi out of which this appeal arises.
Section 6 (1) (f) of the Act provides for retention of orchards by intermediaries. Unlike other classes of lands, no ceiling has been prescribed for orchards. Again, under the proviso to sub-section (2) of section 6 of the Act, if any tank fishery or any land comprised in a tea-garden, orchard, mill, factory or workshop was held immediately before the date of vesting under a lease, such lease shall be deemed to have been given by the State Government on the same terms and conditions as immediately before such date subject to such modification therein as the stale Government may think fit to make. So under the proviso, the interest of a lessee of any land comprised in an orchard is saved from the operation of vesting. An orchard has not been defined in the Act nor has it been defined in the Bengal Tenancy Act. A lease in respect of an orchard is not governed by the Bengal Tenancy Act but by the transfer of Property Act. In other words, an orchard is treated as a non-agricultural land.
3. IN State of West Bengal Vs. Mir Fakir Mohammad, (1976) Calcutta high Court Notes 758, it has been held by R. Bhattacharya J that a land consisting of banana plants is not an orchard within the meaning of section 6 (1) (f) of the Act. According to the shorter Oxford English Dictionary, third Edition, Page 1381-Column-I, the meaning of the word "orchard" is-
"formerly, in general sense, a Garden for herbs and fruit trees. Now, an enclosure for the cultivation of fruit trees. "
According to the Webster's New international Dictionary, Second Edition, Page 1714-2nd Column, it means :
"a plantation or large enclosure containing fruit trees or by extension, nut bearing trees, sugar maples, etc. "
According to the same Dictionary, page 2700-2nd Column, the word "tree" means :
"a woody perennial plant having a single main axis of stem (trunk), commonly exceeding 10 feet in height and usually devoid of branches below, but bearing a head of branches and foliage or a crown of leaves at the summit. There is no exact line of demarcation between trees and shrubs and many plants are capable of assuming either habits. Hence, in some collocations, a shrub or bush formed like a tree; as a rose tree; a banana tree. "
4. THE principal meaning of the word "tree" is that it is a woody perennial plant. In its extended meaning it may include a banana plant. It is true that when a word is not defined in a statute the court may apply the dictionary meaning of the word provided, however, such meaning is in accord with the scheme and object of the statute concerned. According to the dictionary meaning, orchard is an enclosure of land containing fruit trees. Banana plants are not considered as these in the true sense of the term 'tree but in the extended meaning of the term it may include a banana plant. The question, however, is whether by excluding the vesting of the interest of a lessee of an orchard or by allowing an intermediary to retain the entire quantity of orchard lands in his possession, the legislature also intended to exclude lands consisting of banana plants. It may be stated that the principal object of the Act is to acquire agricultural and horticultural lands. The class of land which is not suitable for cultivation e. g. land containing perennial fruit trees like mangoes, jack fruits, black berries etc., t
