- (1.) The present writ petition is directed against the judgment and order of the West Bengal Land Reforms and Tenancy Tribunal dated 29th November, 2007.
(2.) The brief facts giving rise to the present petition are as follows: Premises bearing nos. 16/1A and 16/1B at Nandalal Bose Lane, Kolkata - 700 003 were owned by one Shibendra Nath Basu. During his lifetime, he transferred the two premises to a Trust by two Indentures of Trust dated 3rd July, 1974 and 15th June, 1968. The settlor and his wife Anima Basu were the trustees of the Trust. Upon the death of the settlor and his wife, the Trust property vested in the petitioner who was the beneficiary. The premises comprise land of about 11 Cottahs 4 Chittacks 24 Sq. Ft. and 11 Cottahs 7 Chittacks 16 Sq. Ft. According to the petitioner pucca and kutcha structures have been constructed on the premises by the erstwhile owner. The petitioner contends that the aforesaid plots of land are not governed by either the Calcutta Thika Tenancy Act, 1949 (hereinafter referred to as "Act of 1949") or the Calcutta Thika and Other Tenancies and Lands (Acquisition and Regulation) Act, 1981 (hereinafter referred to as "Act of 1981") as amended in 1993 or the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (hereinafter referred to as "Act of 2001"). Apprehending the acquisition of the aforesaid lands under the Act of 2001, the petitioner filed an application before the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as "the Tribunal") praying for a declaration that Sections 2(3), 2(7), 2(14), 7, 25, 26, 27 along with other provisions of the Act of 2001 were ultra vires the Constitution of India. A further declaration that the aforesaid plots of land nos.16/1A and 16/1B situated at Nandalal Bose Lane were not covered by the provisions of the Act of 2001 and, therefore, do not stand vested in the State of West Bengal, was also sought.
(3.) The Tribunal by its impugned order has negated the contention of the State, that the application filed by the petitioner was premature because there was no declaration of the Controller that 6 applicants who had submitted their returns in Form A were thika tenants. The Tribunal found that the observation of the Controller, appointed under the Act of 1981 as well as Act of 2001, had found prima facie that the lands which were the subject matter of the applications submitted for a declaration were thika lands and that the applicants were thika tenants. The Tribunal, therefore, held that it could not be said that the application filed before it was premature or not maintainable or that the petitioner who was vitally affected by any observation or order passed by the Controller had no locus to file the application under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997. The Tribunal further concluded that any land, on which either a pucca structure or a kutcha structure was occupied by the thika tenant, must be deemed to have vested in the Government of West Bengal under the Act of 1981 and consequently under the Act of 2001. It held that the vesting of land in the Government under the aforesaid Acts was not limited to only those lands on which kutcha structures were built. The Tribunal was of the view that Sections 7(1) of the Act of 2001 which corresponded to Section 8(1) of the Act of 1981 could not be considered to be ultra vires in view of the judgment of the special bench of this Court in the case of Lakshmimoni Das - vs.- State of West Bengal, 1987 2 CalLJ 53. The Tribunal further held that the challenge to other Sections of the Act of 2001, namely, Sections 24, 25, 27 and other provisions of the Act was unsustainable and that those Sections were intra vires the Constitution of India. The Tribunal directed the Thika Controller to determine the status of the parties in respect of the aforesaid plots of land within 4 months of its order.;