Possession Of Land In Excess Of Ceiling Area Can't Be Interfered With U/S 14T(3) WB Land Reforms Act If Used For Commercial Purposes: Calcutta HC

The Calcutta High Court has recently restrained the concerned Block Land and Land Reforms Officer from interfering with the possession of the land under Section 14T(3) of the West Bengal Land Reforms Act, 1955 (Act) after noting that a person is entitled to land in excess of the ceiling area defined under Section 14M of the Act if the same is intended to be used for commercial purposes.

A Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta observed, 

"Accordingly, the respondents shall remain restraint from interfering with the possession of the land, which has/have been passed by an order of the relevant Block Land and Land Reforms Officer."

However, the petitioner was restrained from creating any third party interest in respect of the land or change the nature and character thereof without obtaining prior leave of the West Bengal Land Reforms and Tenancy Tribunal.

"Since it is alleged that the petitioner is holding the excess land beyond the ceiling limit provided under Section 14M of the said Act, the petitioner is restrained from creating any third party interest in respect of the same nor shall change the nature and character thereof without obtaining prior leave of the tribunal", the Court directed. 

It was further ordered that the correction of the record of rights shall not be made without obtaining the prior leave of the Tribunal.

"In the event, it has already been done the Block Land and Land Reforms Officer shall restore the entry as stood prior to the issuance of the aforesaid notices immediately", the Court averred further. 

Reliance was also placed on the judgments of the Calcutta High Court in Nasiram Nandi v. The State of West Bengal & Ors and Ram Ratan Chowdhury vs. State of West Bengal & Ors wherein the Court had restrained the State respondents from interfering with the possession of the property by staying the notices for taking possession of the land under Section 14T(3) of the Act. 

Accordingly, the Court disposed of the petition by directing the Tribunal to fix a date for hearing of the petitioner's application within 1 month and further ordered the Tribunal to dispose of the matter within 4 months. 

Background 

The Court was adjudicating upon a challenge filed against the notice dated March 11, 2022 issued by the Block Land and Land Reforms Officer under Section 14T(3) of the Act wherein the petitioner had been ordered to hand over the possession of the scheduled land on March 14, 2022. An application to this effect had also been filed before the West Bengal Land Reforms and Tenancy Tribunal.

Subsequently, another notice dated March 14, 2022 had been issued by the same authority under the same provision directing the petitioner to hand over the possession of the land on March 16, 2022 at 12:30 pm. 

The notices were issued under Section 14T(3) of the Act solely on the ground that the petitioner is owning and possessing excess land above the ceiling limit provided under Section 14M of the Act. 

Senior advocate Saktinath Mukherjee appearing on behalf of the petitioner submitted before the Court that the State cannot restrain a person from holding land in excess of the ceiling area defined in Section 14M of the Act if the same is intended to be used for establishment of the industrial hub or for establishing a mill, factory and so on so forth.

Case Title: Alpine Distilleries Pvt. Ltd v. The State of West Bengal and others

Case Citation: 2022 LiveLaw (Cal) 85

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