RAMAPADA LAHA Vs. STATE

JUDGEMENT

(1.) IN this Writ Petition, adjudication made under Section 14t of the West Bengal Land Reform; act in Case No. 218 of 1978 by the Revenue Officer, Sonamukhi, is under challenge. It appears that for the purpose of computation of the ceiling land of the petitioner and the members 61 his family the area of the homestead land was also taken into account by the revenue Officer. Under Section 2 (7)of the West Bengal Land Reforms Act, 'land' has been described as follows :-

(2.) RELYING on the said definitions, it is contended by the petitioner that although by the inclusive definition of 'land' 'homestead' has been included as agricultural land in respect of which the provisions of the Land Reforms Act have been made applicable but for the purpose of determination of ceiling land of the raiyat and his members of the family 'homestead' land cannot be treated as agricultural land and if the provisions relating to ceiling area of different categories of land are referred to, it will appear that the question of irrigated and non-irrigated area and of 'standared hectre' cannot properly fit in with 'homestead' land. Accordingly, the petitioner contends that although homestead is agricultural land by inclusive definition of land, 'homestead' by necessary implication cannot be included as agricultural land for the purpose of determination of ceiling land under the provisions of Section 14. I am, however, unable to subscribe to the said contention of the petitioner. 'homestead' of a raiyat was treated as agricultural land even under the Bengal Tenancy act and the general concept of 'homestead' prevalent in this country has been determined by various judicial decisions. In the Estates Acquisition Act. 'homestead' has been defined in a manner which corresponds to such accepted concept. The Legislature keeping in mind such' accepted concept of homestead prevalent in the country, has defined 'homestead' in Section 2 (7) of the west Bengal Estates Acquisition Act. It may, however, be noted that for the purpose of ceiling of different categories of lands, 'homestead' has been treated as a separate unit in the Estates Acquisition Act. Even assuming that the concept of 'homestead' may not fit in with the ordinary agricultural land, it does not appear that expressly or by any implication the Legislature intended to exclude homestead from the ceiling of agricultural land of a raiyat and his family members. By inclusive definition of 'land' 'homestead' in its broader concept as defined in the estates Acquisition Act has been included within the meaning of 'land' in the Land reforms Act. The ceiling for 'agricultural land' and orchard has been provided for in the Land Reforms Act. The Legislature has made special provision for orchard' for the purpose of ceiling land of the raiyat but it has not made any provision for retention of 'homestead' separately although by inclusive definition 'homestead' has been included as agricultural land. It is thus evident that the Legislature intended that 'homestead' being agricultural land within the meaning of Land Reforms Act should also be taken into account for determination of agricultural land ceiling.

(3.) IN the aforesaid circumstances, the adjudication made in the said proceeding under Section 14t cannot be held to be illegal or contrary to the provisions of Land reforms Act. In the circumstances no interference is called for in the writ jurisdiction and the application is accordingly dismissed.