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High Court of Calcutta
Pranab Kumar Chattopadhyay, Mrinal Kanti Sinha, JJ.
State Of West Bengal – Appellant
Versus
Star Iron Works Ltd. – Respondent
W.P.L.R.T. 132 of 2011
Decided on : March 28, 2012
WEST BENGAL ESTATES ACQUISITION ACT, 1953 - SECTION 6(3) - APPLICABILITY - LANDS RETAINED UNDER SECTION 6(1) - NO QUESTION OF APPLICABILITY OF SECTION 6(3) - CONVERSION OF LANDS - TO BE PROCESSED BY AUTHORITIES.
Fact of the Case:
Petitioners, the State of West Bengal and certain officers, challenged the judgment of the West Bengal Land Reforms and Tenancy Tribunal, which declared that the provisions of Section 6(3) of the West Bengal Estates Acquisition Act, 1953 were not applicable in the case and those of Section 4C of the West Bengal Land Reforms Act were applicable. The Tribunal directed the petitioners to dispose of the application filed by the respondent Nos. 1 and 2 for conversion of lands within three months from the date of receipt of the order.
Finding of the Court:
1. Section 6(3) of the West Bengal Estates Acquisition Act, 1953 applies only to mill or factory which was in operation or was functioning on the date of vesting. 2. In the instant case, the land involved was not a running factory on the date of vesting, hence Section 6(3) of the Act was not applicable. 3. The learned Tribunal correctly decided the issues raised before it upon appreciating the relevant provisions of law.
Issues: 1. Whether the provisions of Section 6(3) of the West Bengal Estates Acquisition Act, 1953 were applicable in the case? 2. Whether the lands purchased by the respondent Company vested in the State due to the promulgation of the West Bengal Estates Acquisition Act? 3. Whether the learned Tribunal erred in its decision?
Ratio Decidendi: 1. Section 6(3) of the West Bengal Estates Acquisition Act, 1953 applies only to mill or factory which was in operation or was functioning on the date of vesting. 2. In the instant case, the land involved was not a running factory on the date of vesting, hence Section 6(3) of the Act was not applicable. 3. The learned Tribunal correctly decided the issues raised before it upon appreciating the relevant provisions of law.
Final Decision: The writ petition was dismissed without awarding any costs. The petitioners were directed to implement the decision of the learned Tribunal within two months from the date of communication of the order.
PRANAB KUMAR CHATTOPADHYAY, J.
1. THE State of West Bengal and some officers of the State Government have filed the instant writ petition challenging the judgment and order dated 16th March, 2011 passed by the learned West Bengal Land Reforms and Tenancy Tribunal, inter alia declaring that the provisions of Section 6 (3) of the West Bengal Estates Acquisition Act, 1953 are not applicable in the instant case and those of Section 4C of the West Bengal Land Reforms Act are applicable. By the said judgment and order, learned Tribunal directed the petitioners herein to dispose of the application filed by the respondent nos. 1 and 2 for conversion of the lands in question within a period of three months from the date of receipt of the copy of the said order.
2. THE respondent nos. 1 and 2 herein filed an application being O.A. No. 1919 of 2010 before the learned Tribunal praying for issuance of the following directions :-
(a) To forthwith process the application of the petitioners for conversation of the said lands for being used as Housing Complex and to communicate the same.
(b) To receive and accept forthwith the land revenue of the land of the petitioners in Mouza Liluah and Mouza Belur for the Bengali Year 1416 and for all subsequent periods.
(c) Other allied or ancillary reliefs.
It was alleged before the learned Tribunal on behalf of the respondent nos. 1 and 2 that the prayers for conversion of the lands in question and acceptance of revenue were not being entertained by the concerned authority on the plea that the lands of the aforesaid respondents are liable to be resumed under the provisions of Section 6 (3) of the West Bengal Estates Acquisition Act, 1953.
3. THE learned Tribunal by the judgment and order dated 17th August, 2010 disposed of the said application being O.A. 1919 of 2010 by directing the District Land and Land Reforms Officers, Howrah, to dispose of the said application for conversion within nine months from the date of communication of the order with liberty to consult his superior authority, or the appropriate authority in disposing of the said application.
4. THE respondent nos. 1 and 2 herein challenged the aforesaid judgment and order passed by the learned Tribunal before this Court by filing an application being W.B.L.R.T 123 of 2010 which was disposed of by a Division Bench of this Court on 9th December, 2010 by granting liberty to the aforesaid respondents to file a supplementary Affidavit before the learned Tribunal challenging the legality and validity of the contents of the document dated 4th February, 2010. By the aforesaid document namely, Memo dated 4th February, 2010 Block Land and Land Reforms Officer, Bally-Jagacha informed the learned advocate-on-record of the respondent Company that the applicability of the different provisions of Section 6 (3) of the West Bengal Estates Acquisition Act, 1953 in relation to the land in question was under consideration of the Land and Land Revenue Department, Govt. of West Bengal and therefore, there was no reasonable cause to realise the land revenue in respect of the said land at that stage.
The Division Bench by the aforesaid order also directed the learned Tribunal to pass a comprehensive order both on the question of applicability of Section 6 (3) of the West Bengal Estates Acquisition Act as well as the alleged inaction under Section 4 (C) of the West Bengal Land Reforms Act. Pursuant to the aforesaid order dated 9th December, 2010 supplementary affidavit was filed on behalf of the respondent Star Iron Works Ltd. challenging the applicability of Section 6 (3) of the West Bengal Estates Acquisition Act in respect of the land and structures of the Star Iron Works Ltd. and for quashing the entire proceedings sought to be taken or contemplated in the aforesaid written communication dated 4th February, 2010. The respondent Star Iron Works Ltd. also sought for permission for conversion of the lands in question. On behalf of the said authorities, Affida
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