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State of West Bengal and ors. Vs. Ratnagiri Engg. Pvt. Ltd and ors.

Court : Supreme Court of India

Reported in : 2009(3)SCALE215(1); (2009)4SCC453; 2009(3)LC1260(SC)

..... may be mentioned that section 63 of the 1955 act repealed certain provisions of west bengal non-agricultural tenancy act, 1949 which were repugnant to the provisions of the west bengal land reforms (amendment) act, 1981 in any district or in any area of calcutta.19. ..... of darjeeling as may be declared by notification by the state government to be hilly portions, an intermediary shall be entitled to retain all agricultural land in his khas possession, or any part thereof as may be chosen by him;(e) tank fisheries;explanation: ..... in this case relates to the interpretation of the proviso to section 6(3) of the west bengal estates acquisition act, 1953 (hereinafter referred to as the `1953 act').4. ..... any part thereof is not utilized for a period of five consecutive years from the date of vesting, for a gainful or productive purpose, the land or the part thereof may be resumed by the state government subject to payment of compensation determined in accordance with the principles laid down in sections 23 and 24 of the land acquisition act, 1894;(d) agricultural land in his khas possession, not exceeding twenty-five acres in area, as may be chosen by him:provided that in such portions of the district .....

Mrinalini Roy Ratna Prova Mondal and Anothers Vs. State of West Bengal ...

Court : Supreme Court of India

Reported in : AIR1997SC2244; 1996(9)SCALE5; (1997)9SCC113; [1996]Supp9SCR70

..... senior counsel, that the 'land', as defined under section 3(a) does not include fisheries; that is made explicit by the west bengal amendment act, 1981 bringing 'fishery' within the admit of the word 'land'. ..... that prior to the amendment act, 1981 tank fisheries were not expressly brought within the definition of land. ..... case under the west bengal estates acquisition act. ..... suffice it to state that notification under section 4(1) of the land acquisition act, 1894 (for short, the 'act') was published on may 14, 1956 for reclamation of the fisheries in the lands comprising cadastral plots enumerated in the notification, of an extent admeasuring more or ..... and state of west bengal and ors. ..... west bengal and ..... that the authorities have understood that the act does not apply to acquisition of the fisheries rights and, therefore, the acquisition was without authority of law. ..... that the tank fisheries are the land and the acquisition was for public purpose. ..... paragraphs 6, 13, 14 and 16 and in state of west bengal v. ..... that a memo was filed on behalf of the fisheries department and was reiterated in the counter-affidavit filed in the high court that the land acquired would be used to rehabilitate some of the displaced fishermen to eke out the livelihood in reclamation tank fisheries. ..... that the declaration under section 6 expressly mentions that the acquisition was for reclamation of the salt lake area. ..... it is then contended that the acquisition is not for a public purpose and, therefore, the notification is .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Reported in : (1996)2CALLT183(HC),100CWN900

..... these appeals principally raising the question of constitutionality of west bengal land beforms (amendment) act, 1981 (hereinafter referred to as 1991 amendment act) and west bengal land beforms (amendment) act, 1986 (hereinafter referred to as the 1986 amendment) act were heard together and are being disposed of by this common judgment.2. ..... section 63 reads as follows:-'(1) with effect from the date of coming into force of the west bengal land reforms (amendment) act, 1981 in any district or in any area of calcutta, such provisions of the west bengal non-agricultural tenancy act, 1949 (west bengal act xx of 1949) as are repugnant to the provisions of this act, shall cease to have effect in that district or area. ..... (2) notwithstanding the provisions of sub-section (1) any proceeding pending on the date of such coming into force before any authority appointed under the west bengal non-agricultural tenancy act, 1949 or before any court shall be continued or disposed of as if the west bengal land reforms (amendment) act, 1981 had not come into force in that district or area.'38. ..... from the statement of object and reason relating to 1981 amendment act it appears that the said act was sought to be used as complementary to west bengal estates acquisition act as that act would not impose any ceiling limit for other classes of land although the same applied to all classes of land. .....

Nemai Chandra Kumar (d) Thr. Lrs. And Ors. Vs. Mani Square Ltd

Court : Supreme Court of India

..... (14) was also amended by the west bengal thika tenancy (acquisition and regulation) (amendment) act, 201010 with ..... legislature, after considering the absurdity and/or impossibility of implementation of the amended provision of the act of 1981, dropped the idea of vesting of other land and accordingly omitted the said provisions while legislating on the same ..... the act of 1981, even when the legislature provided for acquisition of land comprised in thika tenancy and other lands, the principal part of the definition of thika tenant remained the same; only the other three exclusion conditions, as occurring in clause (5) of section 2 of the act ..... giving our imprimatur to the enunciation aforesaid, we are also at one with the observations of the high court in the impugned order that even after amendment of the act of 1981 by the amendment act of 1993, vesting indiscriminately of every parcel of let out land, in the broad expression other land , could not have been bought about and hence, ultimately this enactment, as such, was given up and was substituted by the act of 2001 ..... question whether the appellants in civil appeal could otherwise succeed on the other arguments, including that they had protection under the provisions of the calcutta thika and other tenancies and lands (acquisition and regulation) act, 1981 (for short, the 1981 act ), of being the thika tenant(s) and that the pucca structure erected by them was also protected/covered under that provision, is a matter which needs to be .....

Dilip Kumar Gooptu and Ors. Vs. Hindustan Petroleum Corporation Ltd.

Court : Kolkata

..... he submits that, the unilateral deposit of rent with the thika controller does not vest the suit property with the state of west bengal under the provisions of the calcutta thika and other tenancies and lands (acquisition and regulation) act, 1981 or any statutory amendment thereof. ..... mr.jishnu saha, learned senior advocate for the plaintiffs submits that, the parties never treated the suit property to have vested with the state of west bengal under the provisions of the calcutta thika and other tenancies and lands (acquisition and regulation) act, 1981 or the subsequent amendments thereof. ..... mr.moloy ghosh, learned senior advocate for the defendant contends that, the suit premises is vested with the state of west bengal under the provisions of the calcutta thika and other tenancies and lands (acquisition and regulation) act, 1981 and the subsequent amendments thereof. ..... there is no document on record declaring the suit property to be a property vested with the state of west bengal under the calcutta thika and other tenancies and lands (acquisition and regulation) act, 1981 or the west bengal thika tenancy (acquisition and regulation) act, 2001. ..... according to the defendant such request was made without prejudice to the rights and contentions of the defendant that, the suit property stood vested with the state of west bengal under the provisions of the calcutta thika and other tenancies and lands (acquisition and regulation) act, 1981. .....

Anil Chandra Nag Vs. Santimay Bose and ors.

Court : Kolkata

Reported in : (1990)2CALLT123(HC)

..... be mentioned here that in the old section 3a introduced by the west bengal land reforms (amendment) act, 1981, there is specific reference to the provisions of section 4 of the west bengal estates acquisition act which would apply mutatis and mutandis. ..... the explanation to new section 3a(1) was also not there, so under the old section 3a as introduced by the west bengal land reforms (amendment) act 1981, notification in accordance with the provisions of section 4 mutatis and mutandis was necessary before vesting of the interests of the agricultural and non- ..... sub-section 1 of the amended section 34 provides that the right and interest of all non-agricultural tenants and under-tenants under the west bengal non-agricultural tenancy act 1949 shall vest in the state free from all incumbrances and the provisions of sections 5 and 5a of the west bengal estate acquisition act 1953 shall apply, with such modifications as may be necessary mutatis and mutandis to all such non-agricultural tenants and under tenants as if such non ..... -agricultural tenants and under tenants or intermidiaries and the land held by them were states and .....

Sm. Binapani Sengupta Vs. Prosanta Kumar Sen

Court : Kolkata

Reported in : (1992)1CALLT128(HC)

..... it may be noted that section 4 of west bengal estates acquisition act as originally incorporated in section 3a of the west bengal land reforms act by amendment of 1981 has been deleted. ..... in view of the definition of land as given in section 2(7) of the west bengal land reforms act of 1955 by amendment in 1981, land of every description has been brought within the purview of west bengal land reforms act, 1955. ..... having regard to the definition of land as incorporated by amendment of 1981 of west bengal land reforms act no petition under section 24 of the west bengal non-agricultural tenancy act is any more maintainable. ..... it is argued that the division bench opined that in spite of the amendment of the west bengal land reforms act by amendment of 1981 an application under section 24 of the non-agricultural tenancy act is still maintainable. ..... since thereafter section 3a of the west bengal land reforms act has further undergone amendment by west bengal land reforms (third amendment) act of 1986 which has been given effect to on 9-9-1980. ..... therefore, it is now no authority to the proposition that the right of pre-emption under section 24 of the non-agricultural tenancy act will survive despite amendment of west bengal land reforms act by reason of west bengal land reforms (third amendment) act of 1986. ..... further, section 3a(5) of west bengal land reforms act as amended by deeming provision has given effect to the provision of section 3a with effect from 9-9-80. .....

Sri Lalit Kumar Bagla and Ors. Vs. Rajiv Kumar Poddar and Ors.

Court : Kolkata

..... . the amended definition of west bengal thika tenancy (acquisition and regulation) amendment act, 2010 did not redefine the thika tenancy as defined in the calcutta thika tenancy act of 1949, in the calcutta thika tenancy (acquisition and regulation) act, 1981 or as originally in the west bengal thika tenancy (acquisition and regulation) act, 2001 ..... . under calcutta thika tenancy act, 1981 as also the west bengal thika tenancy act, 2001(prior to the 2010 amendment) a tenant of a vacant land who has erected pucca structure could not under any circumstance be a thika tenant ..... 2001 act is saved inasmuch as the decision in sabitarani majilya (supra) would clearly show that initiation of any proceeding by the controller to determine the status of a person as thika tenant before the amendment was without jurisdiction and any finding arrived at by the thika controller in such a situation would be held to be invalid and, accordingly, the decree-holder would not be required to approach the land reforms and tenancy tribunal established under the west bengal land reforms and tenancy tribunal ..... (1) with effect from the date of commencement of this act, the kolkata thika and other tenancies and lands (acquisition and regulation) act, 1981 (west ben ..... . the only remedy open to the decree-holder in such a situation is to approach the land reforms and tenancy tribunal established under the west bengal land reforms and tenancy tribunal act, 1997 for setting aside of the order of the thika controller. mr .....

Shantiniketan Society and anr. Vs. State and ors.

Court : Kolkata

Reported in : (2001)1CALLT231(HC),2001(1)CHN259

..... sub-section or shall of his own motion take steps to revise any entry, if an appeal against an order passed by a revenue officer on any objection made under sub-section (1), has been filed before the commencement of the west bengal estates acquisition (second amendment) ordinance, 1957, before a tribunal appointed for the purpose of this section, and notwithstanding anything in this section, any such appeal may continue and be heard and disposed of as if the ..... (4) the provisions of this section shall not apply to any land to which the provisions of the calcutta thika tenancy (acquisition and regulation) act, 1981 (west bengal act xxxxvii of 1981) apply. ..... sub-section (6) of section 4 of the said act which is material for the purpose of this case and which was substituted by sub-section (6) of section 2 of the west bengal estates acquisition (2nd amendment) act, 1954 reads thus :'section 4. ..... by the state government may [on application within nine months, or of his own motion within [thirty-five years] from date of final publication of the record-of-rights or from the date of coming into force of the west bengal estates acquisition (second amendment) ordinance, 1957, whichever is later, revise an entry in the record finally published in accordance with the provisions of sub-section(2) after giving the persons interested an opportunity of being heard and after recording reason therefor .....

Sri Sri Radha Raman Jew and ors. Vs. Shaligram Subha Karan Kemani and ...

Court : Kolkata

Reported in : AIR2001Cal78,(2001)3CALLT202(HC)

..... , calcutta thika and other tenancies and lands (acquisition and regulation) act, 1981 as amended by the amending act 21 of 1993. ..... if a person is a thika tenant he or she will become a direct tenant under the state of west bengal and if the land is occupied by bharatia inducted by the thika tenant will be treated to be a sub-tenant under thika tenant and they are entitled to protection under west bengal premises tenancy act, 1956.31. ..... it is significant to mention that the state of west bengal has not come forward to claim the land being vested. ..... whether on the facts and circumstances of this case these lands have vested into state of west bengal or not. 27. ..... so on and from 18th january 1982 this land has vested to state of west bengal. ..... the land or premises in question now stands vested in state of west bengal.10. ..... they are not liable to be evicted by the decree holder since the land having been vested into state of west bengal and it can evict under due process of law.29. ..... they can be evicted under the aforesaid provision by the state of west bengal as they have become direct tenants under the said act. ..... factually i do not find the state of west bengal has made any claim in relation to the said property as being vested one. ..... the state of west bengal has notice of this proceeding through thika controller and it has not come forward to make any claim. .....