S.B.Sinha, J. - (1.) These Appeals principally raising the question of constitutionality of West Bengal Land Reforms (Amendment) Act, 1981 (hereinafter referred to as 1991 Amendment Act) and West Bengal Land Reforms (Amendment) Act, 1986 (hereinafter referred to as the 1986 Amendment) Act were heard together and are being disposed of by this common judgement.
(2.) In the main matter namely Appeal from Order No. 400/92 arising out of Matter No. 1367/87 (Paschimbanga Bhumijibi Krishak Samiti & Ors. v. State of West Bengal & Ors.) two applications for amendment have been flied questioning the Constitutional First Amendment Act, 1951 in so far as it purported to insert Article 31B; sections 6,7,8 and 2 of the Constitution (44th) Amendment Act, 1978 the Constitution (66th) Amendment Act, 1991 in so far as 9th Schedule of the Constitution Was amended by inserting West Bengal Act No. 1980 Item No. 251 therein and the Constitution (78th) Amendment Act. 1995 in so far as the West Bengal Land Reforms Act, 1981 and 1986 were included therein as Items No. 278 to 280 in the 9th Schedule. The said applications for amendment were allowed and the Union of India was added as a party. Notices have been served upon the Union of India as well as the Attorney General of India.
(3.) The challenge to Constitution First Amendment Act, 1951 was not pressed as the validity thereof had been upheld by the Supreme Court of India. Similarly the validity of the 44th Amendment of the Constitution deleting Article 31 and 19(1)(f) form Part-III of the Constitution was not pressed in view of the decisions of the Supreme Court of India covering the said question. However, according to the learned Counsel for the petitioners the said challenges are not given up.;