Y. K. Sabharwal, J. -
(2.)By order dated 15th May, 1995 passed by the appellants, it was held that the rights and interests in respect of the leased out lands in question vested in the State absolutely under the provisions of the West Bengal Estates Acquisition Act, 1953 (for short, 'the Act') and the record of rights be corrected accordingly. The High Court,on the writ petition of the respondents, has set aside that order and held, it to be ineffective so also the action of the appellants of taking possession of land allegedly on 5th September, 1996. The appellants have been prohibited by the impugned judgment from interfering with lawful work of construction carried on by the respondents in accordance with the sanctioned plans and the writ petition was allowed accordingly. The State is in appeal.
(3.)Section 4 of the Act, inter alia, provides that the State Government may from time to time by notification declare that with effect from the date mentioned in the notification, all estates and the rights of every intermediary in each such estate situated in any district or part of a district specified in the notification, shall vest in the State free from all encumbrances. Section 5, inter alia, provides that upon the due publication of a notification under Section 4, on and from the date of vesting, the estates and the rights of intermediaries in the estates, to which the declaration applies, shall vest in the State free from all encumbrances. The Act was enforced by a notification on 11th November, 1954. According to the appellants, as a result thereof all rights of every intermediary vested in the State free from all encumbrances except those lands which were under acquisition proceedings before vesting by virtue of sub-sections (1) and (2) of Section 4 of the Act. Intermediary is defined in Section 2(i) to mean a proprietor, tenure-holder, under tenure-holder or any other intermediary above a raiyat or a non-agricultural tenant and includes a service tenure-holder and, in relation to mines and minerals, includes a lessee and a sub-lessee.