HEADNOTE:

The petitioners, in this round of challenge assailed the validity of Section 14M, 17(c), 17(6) and 21 B of the West Bengal Land Reforms Act, calling to their aid certain observations made by this Court in Sri Sri Kalimata Thakurani and Sri Sri Raghunath Jain & Ors etc v. Union of India & Ors. [1981] 2 S.C.R. 950 and the decisions in Minerva Mills Ltd. v. Union of India & Ors. [1981] 1 S.C.R. 206 and Waman Rao & Ors. v. Union of India & Ors. [1981] 2 S.C.R. 1 The petitioners raised the following points:

(i) that the total ceiling area allowed to be retained by the 1953 Act in respect of agricultural land in Khas possession of the Raiyats was drastically reduced;

(ii) that although the status of Raiyats was conferred on the erstwhile landlords which was heritable and transferable, the institution of bargards was introduced in order to enable the raiyats to cultivate their lands on a 50:50 basis and,

(iii) that while the Amendment Act of 1972 had given a right to the raiyats to resume the lands given to the bargardars for their personal cultivation; the subsequent amendments took away this right and made the right of the bargardar both heritable and transferable causing serious