Case: S. M. Nandy &amp; Ors Vs. State Of West Bengal &amp; Ors

The notification dated May 11, 1948, to which reference has been made above reads as follows :"No. 3775 L.A.(P.W.) May 11, 1948. In exercise of the powers conferred by sub-section (1) of Section 3 of the West Bengal Land (*Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948), the Governor is pleased hereby to authorise each of the Collector and the Deputy Commissioners mentioned in the Schedule below to requisition, by order in writing, in pursuance of the provisions of the said sub-section (1) of the said Section 3, (torn) land within the local limits of his jurisdiction and (torn) to make such further orders as appear to him to be necessary or expedient in connection with the requisitioning :SCHEDULE .......................... Collector of Hooghly District ..................................." 7. The learned counsel has raised the following points before us : (1) that the orders of requisition were illegal as the Acquisition Act under which they were issued did not apply to the territory previously known as french Chandernagore; and (2) that under the notification dated May 11, 1948, the Collector could exercise the powers of requisition only in respect of lands within the local limits of the territories then forming part of the Hooghly District.8. Regarding the first point, it seems to us that there is no force in the contentions. Section 3 of the Chandernagore (Meger) Act, 1954. Made Chandernagore part of the State of West Bengal and Section 17 extended the Acquisition Act to it.. The Acquisition Act was a law within the meaning of law contained in Section 2(c) of the Chandernagore (Assimilation of Laws) Act because it related to a matter enumerated in List II in the Seventh Schedule to the Constitution. List II, as it then existed contained the following entries :"36. Acquisition or requisitining of property, except for the purposes of the Union, subject to the provisions of entry 42 of List III." Entry 42 of List III was to the following effect :"Principles on which compensation for property acquired or requisitioned for the purpose of the Union or of a State or for any other pubic purpose is to be determined, and the form and the manner in which compensation is to be given." Insofar as the Acquisition Act related to Entry 42 of List III it was applied by Section 3 of the Chandernagore (Assimilation of Laws) Act, 1955, and Section 17 of the Chandernagore (Meger) Act, 1954, read with the definition of the word "law" in Section 2(d) of the latter Act. 9. The learned counsel further urged for us that this law was not in force in the State of West Bangle "generally" because it proved that it shall remain in force up to a certain date and this date had been changed from time to time. In 1954 it was provided that it shall remain in force up to March 31, 1957. We are unable to appreciate how the word "generally" has any reference to the duration of the time during which an act has to operate. We agree with the High Court that the word "generally" refers to the territory of West Bengal. 10. Another argument that was urged before us was that because there was no corresponding law within the meaning of section 17 of the Chandernagore (Merger) Act, 1954, and Section 4 of the Chandernagore (Assimilation of Laws) Act, 1955, Section 3 of the latter Act did not have the effect of extending the Acquisition Act to Chandernagore. We are unable to appreciate this reasoning. Section 4 has a limited effect and that is that if there is a corresponding law then that law shall, as from that date, stand repealed in Chandernagore. If there is no corresponding law then section 4 does not operate and it has no effect on the scope of Section 3. 11. It was finally urged in this connection that a there was no law on the subject of requisitioning of property in french territory, the citizens enjoyed the privilege of immunity and any order to deprive the citizens of that immunity should have been much more specific. We agree with the High Court that there is no force in this contention. If by virtue of Section 3 of the Assimilation of Laws Act an Act becomes applicable to Chandernagore al privileges and immunities in conflict with that Act would cease to exist. 12. Coming to the second point, we urge with the High Court that the Collector of Hooghly had the authority to issue the orders of requisition in question. If the order of requisition is by a Collector then the notification of 1948 applies and the Collector of Hooghly would be authorised to issue orders requisitioning in respect of land existing in Chandernagore because Chandernagore had come within the limits of his jurisdiction. The Notification must be construed to refer to the limits of the District as it exist on the date of the exercise of the powers conferred by the notification. If the orders of requisition were issued by Shri B. K. Chatterjee, I.A.S, Additional District Magistrate, then he had authority by virtue of the notification, dated September 15, 1959, mentioned above. 13. The learned counsel, referring to the Acquisition Act, as it stood in 1959, and the definition of "Collector" ("the Collector of a district and include a Deputy Commissioner and any officer specially appointed by the State Government to perform the functions of a Collector under this Act") urged that the Additional District Magistrate was not "specially appointed". There is no force in this point. The notification of September 15, 1959, amounts to special appointment within the definition of "Collector". 14. We referred the following question to the Constitution Bench (See later S. M. Nawdy v. State of West Bengal, 1971 (1) SCC 688.) which has answered it in the negative : "Whether the West Bengal Land (Requisition and Acquisition) Act, 1948, is ultra vires the constitution under Article 19(1) (f) read with Article 19(5) ?"

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]In 1954 it was provided that it shall remain in force up to March 31, 1957. We are unable to appreciate how the word "generally" has any reference to the duration of the time during which an act has to operate. We agree with the High Court that the word "generally" refers to the territory of West BengalWe agree with the High Court that there is no force in this contention. If by virtue of Section 3 of the Assimilation of Laws Act an Act becomes applicable to Chandernagore al privileges and immunities in conflict with that Act would cease to exist12. Coming to the second point, we urge with the High Court that the Collector of Hooghly had the authority to issue the orders of requisition in question. If the order of requisition is by a Collector then the notification of 1948 applies and the Collector of Hooghly would be authorised to issue orders requisitioning in respect of land existing in Chandernagore because Chandernagore had come within the limits of his jurisdiction. The Notification must be construed to refer to the limits of the District as it exist on the date of the exercise of the powers conferred by the notification. If the orders of requisition were issued by Shri B. K. Chatterjee, I.A.S, Additional District Magistrate, then he had authority by virtue of the notification, dated September 15, 1959, mentioned above13. The learned counsel, referring to the Acquisition Act, as it stood in 1959, and the definition of "Collector" ("the Collector of a district and include a Deputy Commissioner and any officer specially appointed by the State Government to perform the functions of a Collector under this Act") urged that the Additional District Magistrate was not "specially appointed". There is no force in this point. The notification of September 15, 1959, amounts to special appointment within the definition of "Collector"8. Regarding the first point, it seems to us that there is no force in the contentions. Section 3 of the Chandernagore (Meger) Act, 1954. Made Chandernagore part of the State of West Bengal and Section 17 extended the Acquisition Act to it.. The Acquisition Act was a law within the meaning of law contained in Section 2(c) of the Chandernagore (Assimilation of Laws) Act because it related to a matter enumerated in List II in the Seventh Schedule to the Constitution. List II, as it then existed contained the following entries :"36. Acquisition or requisitining of property, except for the purposes of the Union, subject to the provisions of entry 42 of List III."Entry 42 of List III was to the following effect :"Principles on which compensation for property acquired or requisitioned for the purpose of the Union or of a State or for any other pubic purpose is to be determined, and the form and the manner in which compensation is to be given."Insofar as the Acquisition Act related to Entry 42 of List III it was applied by Section 3 ofthe Chandernagore (Assimilation of Laws) Act, 1955, and Section 17 of the Chandernagore (Meger) Act, 1954, read with the definition of the word "law" in Section 2(d) of the latter Act.