D. Raju, J. - (1.) The above appeals have been filed against the common order dated 18-4-1996 in F.M.A.T. No. 3357 of 1992 filed in the High Court by the appellants in C.A. No. 12509 of 1996 and F.M.A.T. No. 3391 of 1992 filed by the State of West Bengal-appellant in C.A. No. 442 of 1998, whereunder the Division Bench of the High Court, except for making certain modification of the order of the learned single Judge and partly allowing the appeals, affirmed the decision so rendered.
(2.) The West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as "the Estates Acquisition Act") came into force on 12-2-1954. On 15-4-1954, a Notification was issued under Section 4(1) vesting all estates and the rights of all intermediaries in the State free from all encumbrances and thereupon the State became the paramount title-holder by virtue of Section 5 also. Under Section 6, notwithstanding anything contained in Sections 4 and 5, an intermediary shall be entitled to retain with effect from the date of vesting land comprised in homesteads; land comprised in or appertaining to buildings and structures owned by the intermediary or by any person, not being a tenant holding under him by leave or licence; agricultural and non-agricultural lands in his khas possession, not exceeding twenty-five acres in area and fifteen acres in area respectively, subject to the stipulations contained therein as to the nature of such land and the total extent that could be so retained of different categories of such property. Sub-section (5) of Section 6 reads as follows :- "An intermediary shall exercise his choice for retention of land under sub-section (1) within such time and in such manner as may be prescribed. If no choice is exercised by him during the prescribed period, the Revenue Officer shall, after giving him an opportunity of being heard, allow him to retain so much of the lands and do not exceed the limits specified in Clauses (c), (d) and (j) of that sub-section : Provided that nothing in this sub-section shall require an intermediary to exercise the choice if he has already done so before the date of coming into force of West Bengal Estates Acquisition (Second Amendment) Act, 1957"
(3.) If, as indicated in the said provision, no choice of retention was exercised within the period stipulated under Rule 4A of the Rules, the Revenue Officer, after giving the intermediary an opportunity, shall allow him to retain the prescribed quantum of land in proceedings known as Big Raiyat Case (B. R. Case). Section 10 enables the Collector to take charge of estates and interests of intermediaries, which vest in the State under Section 5. Sub-section (2), (5) and (6) of Section 10, which are relevant for the purpose of consideration of the issues raised in these cases, read as follows :- "(2) For the purpose as aforesaid, the Collector may, by a written order served in the prescribed manner, require any intermediary or any person in possession khas or symbolical (of any such estate or of any such interest to give up such possession by a date to be specified in the order which shall not be earlier than sixty days from the date of service of the order) and to deliver by that any documents, registers, records and collection papers connected with the management of such estate or of such interest which are in his custody and to furnish a statement in the prescribed form in respect of such estate or such interest; (5) Nothing in this section shall authorize the Collector to take Khas possession of any estate or of any right of an intermediary therein, which may be retained under Section 6; and (6) If after any estate or any interest therein of an intermediary has vested in the State under Section 5, the intermediary or any other person possesses any land which was in the Khas possession of the intermediary before the date of vesting but which the intermediary has not retained or cannot retain under Section 6, then, whether possession of such land has been taken by the Collector in pursuance of sub-section (2) or not, the intermediary or such other person shall be liable for the period for which he is in possession of such land to pay- (a) where such possession is authorized by the licence of the Collector, such licence fee as may have been agreed upon between him and the Collector or, in the absence of any agreement, as shall be calculated at the rate of Rs. 10 per acre per annum; or (b) where such possession is not authorised by the Collector, such damages for use and occupation of such land as may be determined by the Collector, after giving the intermediary or such other person an opportunity of being heard, at a rate not exceeding- (i) in the case of agricultural land, twenty-five per centum of the money value of the gross annual produce of such land, (ii) in other cases, ten per centum of the market value of the land per annum." ;