Kalyan Jyoti Sengupta, J. - (1.) I have had the benefit of reading draft judgment of my learned Brother. I agree with the findings and conclusion arrived at by His Lordship. While agreeing I thought it fit to add few words of my own. The main issue in this matter is as to whether transfer of land measuring about 12.24 acres by two registered deeds bearing Nos. 3741 and 3742 dated 6th March, 1959 by the predecessor-in-interest of the applicant viz. late Ishan Chandra Ghosh cam be taken into consideration for the purpose of redetermination of quantum of land to be retained vesting under section 6 of the West Bengal Estates Acquisition Act, 1953. It is claimed that the aforesaid plot of land originally situated within the territory of Bihar and the aforesaid plots of land along with other land were transferred under the provisions of West Bengal Transferred Territories (Assimilation of Laws) Act, 1958 (hereinafter referred to as the Act, 1958). By the Act, 1958 provisions of the corresponding land laws were not made applicable immediately after commencement of the said Act. But by virtue of sub section (3) of section 3 of the 1958 Act related Bihar Acts as mentioned in Schedule II of the said Act were allowed to be operating with necessary adaptations and modifications either by way of repeal or amendment as the said Government may think fit from time to time before expiration of one week from the date of notification of Official Gazette in respect of any such law for facilitating the application thereof in relation to West Bengal. Thus, it is clear that on the date of transfer by virtue of 1958 Act the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act, 1953) was not made applicable. Subsequently, by virtue of Chapter VIII of the 1953 Act which was inserted in 1953 Act by West Bengal Estates Acquisition (Second Amendment) Act, 1963, the provisions of section 6 of the aforesaid Act was made applicable by way of repealing of the corresponding Bihar land laws. Said Ishan, since deceased, duly submitted returns in Form-B during his lifetime to the authority concerned in the Big rayat case, of 25 acres of agricultural land. Thereafter it was detected that there has been transfer by the aforesaid two deeds before the Big rayat case was initiated. Now, fresh proceedings was sought to be initiated for reopening his case. Thus, an enquiry was made as to whether the aforesaid transfer was bona fide or not which was found to be in affirmative. As such, the Revenue Officer concerned asked heirs and legal representatives of Ishan to surrender the aforesaid quantum of land out of the retained land and also asked to exercise option about which of the 12.24 acres out of retained land would be surrendered. Despite notice no response was received by the officer concerned and the officer applied his own judgment and discretion and passed necessary orders. This Hon'ble Court directed the authority concerned as recorded by my learned Brother to consider the question of applicability of 1953 Act in respect of these plots of land transferred from Bihar territory to West Bengal under the 1958 Act. From the order sheet we find there has been no attempt to decide the question. Before the learned Tribunal above contention was raised though noted by the learned Tribunal it did not decide the aspect of the matter as to when sections 60 and 61 of Act 1953 would be made applicable in connection with this present transfer.
(2.) Mr. D.P. Mukherjee, learned Advocate appearing for the applicant, contends that the officer concerned had no jurisdiction as the said 1953 Act has no application in respect of the transfer which was effected in 1959. He further contends that it will appear that the 1953 Act was made applicable by virtue of inserting Chapter VIII on and from 1st March, 1964. Hence, the quantum of the transferred land cannot be said to be held by his clients on the date of starting Big rayat case or at any subsequent stage. In other words, the said quantum of land cannot be taken into consideration for the purpose of deciding the ceiling limit. He contends that this identical point came up for consideration before this Court in respect of the land situated in the District of Purulia which stood transferred by the 1958 Act. In the case of Harendra Nath Singh v. State of West Bengal & Ors., reported in 1998(1) CLJ 433 , it was held that the said 1953 Act would be applicable on and from the issue of notification under section 60 i.e. to say from 1st March, 1964.
(3.) Learned Counsel for the State respondent submits that in view of the provision of Chapter VIII sections 60 and 61 of 1953 Act the entire Chapter is made applicable with retrospective effect from 1954. Therefore, this transfer of land that took place in 1959 has to be taken into consideration. The aforesaid transfer of land was detected late and since it was found as bona fide one the transfer cannot be held to be illegal but it has to be deemed to be part of the retained land of 25 acres. Learned Tribunal, therefore, has not decided wrongly, nor the Revenue Officer concerned for the State did.;