Shri Sri Devi Mata Etc. Vs. The State of West Bengal & Ors.
EmailAppeal: Civil Appeal Nos. 1549-50 of 1973.
Petitioner: Shri Sri Devi Mata Etc.
Respondent: The State of West Bengal & Ors.
Apeal: Civil Appeal Nos. 1549-50 of 1973.
Judges: V. KHALID & G.L. OZA, JJ.
Date of Judgment: Apr 13, 1987
Head Note:
WEST BENGAL ESTATES ACQUISITION ACT, 1953 :
Section 6(1)(i) – Bihar Land Reforms Act, 1950 – Appellants originally challenged the extension of the Act to the transferred territories – Before the Court now they raised the issue of entitlement to annuity as they were getting it when the properties were situate in the State of Bihar – Plea not raised any time before – Such Plea cannot be entertained and adjudicated.
JUDGEMENT:
KHALID, J.
1. The only question now pressed into service before us, in these appeals, is the right of the appellants under Section 6(1)(i) of the West Bengal Estates Acquisition Act, 1953. These appeals are by certificate from the Judgment of the Calcutta High Court. The challenge originally was against the extension of the West Bengal Estates Acquisition Act, 1953, to the transferred territories and also for a declaration that the transferred territories continued to be governed by the Bihar Land Reforms Act, 1950 and also for an order to declare notifications issued under Bihar and Bengal Acts, without jurisdiction. That challenge is not available to the appellants now and is not pressed.
2. The appellants’ case is that they are entitled to annuity, they being religious institutions. They were getting such annuity when the properties were situated in the State of Bihar. They seek a declaration that they should continue to get it even after the area in which the properties are situated has been ceded to West Bengal.
3. This contention was not raised at any time before. Even in the application for Certificate this contention was not raised. We do not think we will be justified at this distance of time in entertaining this plea and adjudicating upon it when we are dealing with acquisition of properties started more than two decades ago, pursuant to which, all proceedings must have been finalised long ago.
4. These appeals have, therefore, to fail and are dismissed without any order as to costs.
Appeals dismissed.
1. The only question now pressed into service before us, in these appeals, is the right of the appellants under Section 6(1)(i) of the West Bengal Estates Acquisition Act, 1953. These appeals are by certificate from the Judgment of the Calcutta High Court. The challenge originally was against the extension of the West Bengal Estates Acquisition Act, 1953, to the transferred territories and also for a declaration that the transferred territories continued to be governed by the Bihar Land Reforms Act, 1950 and also for an order to declare notifications issued under Bihar and Bengal Acts, without jurisdiction. That challenge is not available to the appellants now and is not pressed.
2. The appellants’ case is that they are entitled to annuity, they being religious institutions. They were getting such annuity when the properties were situated in the State of Bihar. They seek a declaration that they should continue to get it even after the area in which the properties are situated has been ceded to West Bengal.
3. This contention was not raised at any time before. Even in the application for Certificate this contention was not raised. We do not think we will be justified at this distance of time in entertaining this plea and adjudicating upon it when we are dealing with acquisition of properties started more than two decades ago, pursuant to which, all proceedings must have been finalised long ago.
4. These appeals have, therefore, to fail and are dismissed without any order as to costs.
Appeals dismissed.
