Das Gupta, CJ. - (1.) These two appeals are against the decision of Sinha J., directing the issue of an appropriate Writ for setting aside and quashing a Notification of 4-2-1955 and a declaration of 21-7-1956 under S. 4 and S. G respectively of the West Bengal Land Development and Planning Act and also the agreement entered into between the Society of Farmers and Rural Industrialists and the Government as regards the payment of compensation for the acquisition of the lands. These orders were made on the application of Bejoy Lakshmi Cotton Mills Ltd. to whom the lands acquired under these proceedings belonged. It was contended by the applicant that the sanction of a scheme, which is an essential prerequisite of an order for declaration, had not been given in accordance with law. Several other objections to the proceedings taken in the application were not pressed. One point that the notification was bad in law as there had been no satisfaction of the State Government in accordance with law and another point that the declaration was bad on the similar ground that there had been no satisfaction of the State Government in accordance with law were, however, raised at the trial and dealt with by the learned Judge. The learned Tudge came to the conclusion that the sanction of the scheme or the satisfaction as required under Section 4 and Section 6 of the Act was not by or of the Government, in accordance with law, and made the orders mentioned above.
(2.) Section 4 of the West Bengal Land Development and Planning Act under which the notification was made, is in these words: "The State Government may, by notification in the Official Gazette, declare any area specified in the notification to be a notified area if it is satisfied that any land in such area is needed or is likely to be needed for any public purpose". Section 5 provides in its first sub-section that the State Government may direct the prescribed authority that is the Land Development Committee or, if it so thinks fit in any case, authorise any Company or local authority, to prepare, in accordance with the rules, a development scheme in respect of any area for which a notification under Section 4 has been published. In its second sub-section, Section 5 provides that a development scheme submitted to the State Government under Sub-section (1) may, after taking into consideration any report submitted under Sub-section (2) of Section 4A, be sanctioned by it either without any modification or subject to such modifications as it may deem fit. Section 6 provides that when a development scheme is sanctioned under Sub-section (2) of Section 5 and the State Government is satisfied that any land in the notified area for which such scheme has been sanctioned is needed for the purpose of executing such scheme, a declaration to the effect that such land is needed for a public purpose shall be made by the Government. There can be no doubt therefore that the essential prerequisite of a notification under S. 4 is that the Government is satisfied that any land in the area is needed or likely to be needed for a public purpose and that in the absence of such satisfaction, the notification is invalid in law. There can also be no doubt that the essential prerequisites of a declaration under Section 6 are first that a development scheme has been sanctioned under Sub-section (2) of Section 5, that is, sanctioned by the State Government after taking into consideration any report submitted under Sub-section (2) of Section 4A; and secondly, that the Government is satisfied that any land in the notified area for which such scheme has been sanctioned is needed for the purpose of executing such scheme. In the absence of any of these prerequisites, the declaration is invalid in law.
(3.) On behalf of the applicant, it was urged that in order that a sanction may amount in law to a sanction by the Government, it has to be a sanction by the Minister in charge of the Department and similarly, satisfaction to amount in law to satisfaction of the Government must be satisfaction of the Minister-in-Charge. Though the "State Government" under the General Clauses Act, means the Governor it is not argued that the Governor's personal satisfaction, or sanction is required. Mention has to be made in this connection of the provisions in Article 154 of the Constitution that the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution and the provisions in Article 166 (3) of the Constitution that the Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this constitution required to act in his discretion. The matters under the Land Development Act in which the executive action has, in the present case, been taken is admittedly not business with respect to which the Governor is required to act under the Constitution in his discretion. It has been established by the order made by the Governor of West Bengal under Article 166(3) that the business of the Government in connection with these matters has been allocated to the Minister in charge of the Land and Land Revenue Department. It is in view of this position and perhaps also in view of the position under the Constitution that the Governor acts in accordance with the advice of the Ministers, that the learned counsel for the applicant agrees that the sanction by the Minister and satisfaction of the Minister would be sufficient in law. His contention, however, is that the Constitution does not contemplate or permit delegation by the Minister of such duties of according sanction or of being satisfied, to any person.;