P.B.Mukharji, C.J. - (1.) This Rule under Article 228 of the Constitution of India raises an interesting question about the meaning and scope of the expression, "a substantial question of law as to the Interpretation of this Constitution."
(2.) The facts giving rise to this Rule are as follows:-- The petitioner is Ranadeb Choudhuri. The respondents are the Land Acquisition Judge. 24-Parganas, the Land Acquisition Collector, 24-Parganas, and the State of West Bengal through the Secretary, Land and Land Revenue Department. The petitioner's mother Sm. Sarasi Bala Devi (now deceased) was the owner of about 10 bighas (3.30 acres) of land in Jadavpur, Police station Tollygunge within the municipal jurisdiction of Calcutta Municipality. This land is said to be valuable. By Notification No. 13982 L. Dev, dated the 22nd July 1955, published in the Calcutta Gazette dated the 11th August, 1955, these lands were notified under Section 4 of the West Bengal Land Development and Planning Act (Act XXI of 1948) for settlement of immigrants who have migrated into the State of West Bengal. By a further declaration No. 10848 L. Dev, dated the 15th June, 1957, published in the Calcutta Gazette dated the 4th July, 1957, these lands were acquired under Section 6 of the said Act.
(3.) The Governor of West Bengal on the 8th April, 1955, promulgated the West Bengal Land Development and Planning (Amendment) Ordinance of 1955, by Section 2 whereof Section 8 of the main Act was amended in the following terms: "2. Notwithstanding anything contained in the West Bengal Land Development and Planning Act 1948 the conditions mentioned at the end of Clause (b) of the proviso to Section 8 thereof shall not apply and shall be deemed to have never applied in relation to land which is or has been acquired in pursuance of the said Act for any public purpose other than the purposes specified in Sub-clause (i) of Clause (d) of Section 2 thereof." This was followed by the West Bengal Act XXIII of 1955 which came into force on the 21st September, 1955. Section 8 of the West Bengal Land Development and Planning Act (Act XXI of 1948) was amended. The amendment inter alia provided as follows:-- "(1) in Sub-section (1) of that section, as so re-numbered- (a) for the words "A declaration under Section 6 shall be conclusive evidence that the land in respect of which the declaration is made is needed for a public purpose and after making such declaration" the words "After making a declaration under Section 6" shall be substituted; (b) in Clause (a) of the proviso for the words "any other waste or arable land" the words "any waste or arable land" shall be substituted; (c) the explanation to Clause (a) of the proviso shall be omitted; (d) in the condition mentioned at the end of Clause (b) of the proviso, after the words "if such market value" the words "in relation to land acquired for the public purpose specified in Sub-clause (i) of Clause (d) of Section 2" shall be inserted and shall be deemed always to have been inserted; and (2) after Sub-section (1) of the said section, as so re-numbered, the following sub-section shall be added, namely: '(2) When the amount of compensation has been determined under Sub-section (1), the Collector shall make an award in accordance with the principles set out in Section 11 of the said Act, but no amount referred to in Sub-section (2) of Section 23 of the said Act shall be included in the award'.";