STATE OF WEST BENGAL Vs. KARAN SINGH BINAYAK
LAWS(SC)-2002-3-130
SUPREME COURT OF INDIA
Decided on
March 20,2002
STATE OF WEST BENGAL
Appellant
VERSUS
KARAN SINGH BINAYAK
Respondents
Referred Judgements :-
SAROJ KUMAR BOSE VS. KANAILAL MONDAL [REFERRED]STATE OF WEST BENGAL VS. SUBURBAN AGRICULTURE DAIRY AND FISHERIES PRIVATE LIMITED [REFERRED]
STATE OF WEST BENGAL VS. SCENE SCREEN PVT LIMITED [REFERRED]
Cited Judgements :-
RATNAGIRI ENGINEERING PRIVATE LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2003-7-10] [RELION ON]MUNIYAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2007-3-68] [REFERRED TO]
CHANDER BHUSAN ANAND VS. DEVINDER KUMAR SINGLA [LAWS(P&H)-2009-11-20] [REFERRED TO]
JINDAL SECURITIES PVT. LTD. VS. SISTEMA SHYAM TELESERVICES LTD. [LAWS(RAJ)-2015-1-37] [REFERRED TO]
MADNESHWAR GOSWAMI AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2013-7-167] [REFERRED TO]
MADHUSUDAN DAS AGARWAL AND ORS. VS. BANARAS HINDU UNIVERSITY AND ORS. [LAWS(ALL)-2015-7-237] [REFERRED TO]
STATE OF U P VS. ROSHAN SINGH [LAWS(SC)-2008-1-87] [REFERRED TO]
KRISHNA PATHAK WIFE OF LATE TARKESHWAR NATH PATHAK VS. VINOD SHANKAR TIWARI [LAWS(ALL)-2005-2-36] [REFERRED TO]
SATYA PRAKASH TIWARI ALIAS KALLU VS. CIVIL JUDGE JUNIOR DIVISION [LAWS(ALL)-2005-12-108] [REFERRED TO]
Elias Meyer Free School Talmud Torah VS. Beni Ltd [LAWS(CAL)-2003-9-63] [REFERRED TO]
RABI WADEN BHAGAT VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-3-62] [REFERRED TO]
RAMNANDAN SINGH VS. STATE OF BIHAR [LAWS(PAT)-2014-3-34] [REFERRED TO]
D.L. GUPTA VS. STATE BANK OF INDIA AND ORS. [LAWS(HPH)-2010-3-158] [REFERRED TO]
RAJ MOHAN SINGH @ RANJIT SINGH, SON OF SHRI HARI NARAIN SINGH, RESIDENT OF VILLAGE VS. THE STATE OF BIHAR [LAWS(PAT)-2016-4-185] [REFERRED TO]
ELIAS MEYER FREE SCHOOL AND TALMUD TORAH VS. OFFICIAL TRUSTEE OF WEST BENGAL [LAWS(CAL)-2010-12-31] [REFERRED TO]
NATTAN AMBALAM VS. DHANALAKSHMI [LAWS(MAD)-2011-1-313] [REFERRED TO]
KAUSHAL KISHORE MISHRA S/O LATE JAGDISH MISHRA VS. STATE OF BIHAR [LAWS(PAT)-2011-6-70] [REFERRED TO]
JUHI FINALEASE (P) LTD. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-5-70] [REFERRED TO]
SUBIR DAS & ORS VS. SAILEN NANDY & ORS [LAWS(CAL)-2017-9-202] [REFERRED TO]
CHARAN DASS DECEASED THROUGH LRS VS. SUBHADRA DEVI AND OTHERS [LAWS(HPH)-2016-11-194] [REFERRED TO]
BHABANI MAITI VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-4-36] [REFERRED TO]
BABU DANIEL VS. MADRAS MEDICAL MISSION [LAWS(MAD)-2021-10-141] [REFERRED TO]
JUDGEMENT
Y. K. Sabharwal, J. -
(1.)Leave granted.
(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.
(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.
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