Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1953 West Bengal Estates Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | West Bengal Estates Acquisition Act, 1953 :s. 6(3) proviso - Applicability of - After enactment of 14Z of West Bengal Land Reforms Act, 1955 - Held: Power under the proviso continues with the State even after enactment of 1955 Act - 1955 Act does not repeal the proviso to s. 6(3) - Events subsequent to passing of the order u/s. 6(3) cannot be seen for exercising the power under the proviso as it will lead to widespread chaos -An interpretation leading to widespread chaos should be eschewed - Interpretation of statutes. ss.6(1)(g), 6(3) and its Proviso - Retention of acquired l land by intermediary uls 6(1)(g) ~ Permissibility - Held: Retention under the provision is not permissible unless and r until there is an order passed u/s. 6(3) -On :facts, as no order passed u/s. 6(3), retention not permissible.Constitution of India, 1950 - Articles 32 and 226 - Writ jurisdiction - writ petition under Article 32 challenging validity of State Act - Held: Petitioner advised to invoke jurisdiction under Article 226. The -questions for consideration in the present appeals are whether proviso to s. 6 (3) of West Bengal Estates Acquisition Act, 1953 continues to be in operation >- after the enactment of s. 14Z of West Bengal Land .Reforms Act, 1955 which has been given retrospective operation; and whether the retention of the land uls. 6(1 )(g) of 1953 Act, by the intermediary was permissible. The writ petition was filed for declaring the A amendment brought about in the West Bengal Land Reforms Act, 1955 as unconstitutional in so far as they relate to s. 4 and s. 14Z (1) of the Act. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2009 INSC 250 |
Petitioner | State Of West Bengal & Ors. |
Respondent | Ratnagiri Engineering Pvt. Ltd. & Ors. |
SCR | [2009] 2 S.C.R. 982 |
Judgement Date | 2009-02-24 |
Case Number | 369-370 |
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