Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1953 Section 6(J)(b Land Laws: 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 Dismissed |
Headnote | Land Laws: West Bengal Estates Acquisition Act, 1953 Section 6(1)(b)-Certain lands-Retention of-Right of intermediary-Khas possession-Held: If building and structure is not owned by the intermediary he will not be entitled to retain land appurtenant thereto-But if it is owned by the intermediary, even though tenanted, he would be entitled to retain land appurtenant thereto-Khas possession is not required for applicability of S.6(1)(b). Code of Civil Procedure, 1908: Section 151----Inherent powers-Invoking of-Principles-Held: Inherent powers cannot be used to reopen the settled matters-Such powers cannot be resorted to when specific provisions exist in a statute to deal with the situation. The erstwhile owners of the land in dispute granted in favour of a paper mill a lease for a period of 25 years. The record-of-rights with respect to the land in dispute was prepared under Section 44 of the West Bengal Estates Acquisition Act, 1953 in 1957 whereby the land in question was held to be retainable by the erstwhile powers under Section 6(1)(b) of the Act. Subsequently, the paper mill went into liquidation and the possession of the disputed land was handed over to the erstwhile owners. The erstwhile owners sold the parcels of the said land to the respondents. The respondents commenced construction on the land after sanction of the plans by the Municipality. However, the District Magistrate directed the respondents to suspend all the constructions and not to give effect to the sanctioned plan. But the High Court allowed the writ petition filed by the respondents and set aside the orders of the District Magistrate. Thereafter, the appellants commenced proceedings under Section 57-A of the Act read with Section 151 of the Code of Civil Procedure, 1908 for rectification of the record-of-rights finally published under Section 44 of the Act in 1957 on the ground that it was quite anomalous, defective and that it did not reflect the actual picture. The appellants held that the rights and interests in respect of the leased-out land in question vested in the State absolutely under the provisions of the Act and the record-of-rights be corrected accordingly under Section 47 of the Act. However, the High Court held that Section 6(1)(b) of the Act was applicable to the case of the respondents and they, under the said Section, were entitled to retain the land in question and, therefore, the land did not vest in the State Government under Section 4(1) of the Act. Hence this appeal. On behalf of the appellants it was contended that the land in question being tenanted the respondents were not entitled to retain it under Section 6(1)(b); that the present case was governed by Section 6(1)(g) of the Act as the land in question was comprised in a mill; and that the khas/actual possession as against the possession of the tenant was necessary for the applicability of Section 6(1)(b). The following question arose before the Court:- Whether to retain the land comprised in or appertaining to buildings and structures owned by the intermediary, is it the requirement of Section 6(1)(b) of the West Bengal Estates Acquisition Act, 1953 that the intermediary should be in khas/actual possession of such land and if he is not in such possession, actual possession being of a tenant, would he not be entitled to retain tile possession? |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2002 INSC 161 |
Petitioner | State Of West Bengal And Ors. |
Respondent | Karan Singh Binayak And Ors |
SCR | [2002] 2 S.C.R. 620 |
Judgement Date | 2002-03-20 |
Case Number | 2270 |
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