Kolkata Court June 1976 Judgments

State of West Bengal Vs. the Kohinoor Tea Co. Ltd. and ors.

Court: Kolkata

Reported in: AIR1976Cal432,80CWN703

Anil K. Sen, J.1. This appeal under Clause 15 of the Letters Patent by the State of West Bengal raises a question as to whether it is incumbent for the said Government to hear the applicant-lessee in rejecting an application for review preferred by such a lessee under the proviso to Section 6(3) of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act). The relevant facts are not in dispute and may be set out shortly.1-A. The respondent company is a lessee in respect of a tea garden situate within the Alipurduar Police Station in the District of Jalpaiguri. By an order dated August 1, 1969, the State Government determined the quantum of land required for the garden and as such re-tainable by the respondent and declared an area of 437.30 acres of land held by the respondent to be surplus to the requirement of the tea garden so that the said area was to vest. By a memo dated March 16. 1970, the respondent was informed of the aforesaid order and was direct...