- (1.) These Full Bench Reference have been made by a Division Bench consisting of Sabyasachi Mukharji, and Murari Mohan Dutt, JJ. under paragraph 2 read with paragraph 7 of Chapter VII of the Appellate Side Rules for a final decision. The only question for determination is whether the lease-hold interest of the respondent Ukhara Forest and Fisheries Ltd., in 219.41 acres and 233.81 acres of forest lands situate in the district of Burdwan, vested in the State of West Bengal by virtue of the provisions of clause (aa) of sub-s. (1) of S. 5 of the West Bengal Estates Acquisition Act, 1953, (hereinafter referred to as "the Act") with retrospective effect from Baisakh J, 1362 B.S. corresponding to April 15, 1955, being the date of vesting as mentioned in the Notification dated August 16, 1954, published under S. 4 of the Act.
(2.) Initially, the Act did not define a "forest". Section 4(1) of the Act provided as follows: "Section 4: Notification vesting estates and rights of intermediaries - (1) The State Government may from time to time by notification declare that with effect from the date mentioned in the notification, all estates and the rights of every intermediary in each of such estate situated in any district or part of a district specified in the notification, shall vest in the State free from all encumbrances."
(3.) Then came S. 5 on the effect of notification, it said : "Section 5. Effect of Notification - Upon the due publication of a notification under S. 4, on and from the date of vesting - (a) The estates and the rights of intermediaries in the estates, to which the declaration applies, shall vest in the State from all encumbrances; in particular and without prejudice to the generality of the provisions of this clause, every one of the following rights which may be owned by an intermediary shall vest in the State, namely: - (ii) rights in hats, bazaar, ferries, forests, fisheries, tolls and other Sairati interests.;