Harries, C.J. - (1.) In these two cases, Rules were issued on the parties to show cause why two suits pending before a learned Subordinate Judge at Alipore should not be transferred to this Ct. under Article 228 of the Constitution. The suits it was said involved difficult constitutional points, and after hearing the parties this Court came to the conclusion that points of importance and difficulty arose in the cases which Article 228 of the Constitution required the H. C to decide.
(2.) We have now heard the parties upon the constitutional question involved and as the points are common to both the suits it will be convenient to dispose of both the matters in one judgment.
(3.) The suits were brought by persons who had been called upon to vacate certain lands said to have been acquired under the West Bengal Land Development and Planning Act 1948 (Act XXI [21] of 1948). In the suits it was prayed that the notification Under Section 4 and the declaration Under Section 6 of Act XXI [21] of 1948 be declared void, illegal and ultra vires and that all proceedings under the said Act were without jurisdiction, illegal, and ultra vires and that the same do not affect or prejudice in any way the absolute right, title and interest of the pltfs. in the respective suits in the land in question. There was also a claim for khas possession of the land and a permanent injunction restraining the defts. from further interfering with the pltfs'. possession.;