RAM KRISSEN SINGH versus DIVISIONAL FOREST OFFICER, BANKURA DIVISION & OTHERS

RAM KRISSEN SINGH versus DIVISIONAL FOREST OFFICER, BANKURA DIVISION & OTHERS

Section 5(aa) of the West Bengal Estates Acquisition Act, 1953 as amended is sufficient to vest the right to cut trees and to forest produce in the State, regardless of whether such right belonged to an intermediary or a third party at the time of vesting; absence of compensation provision does not affect the constitutionality after the Act's inclusion in Schedule IX.

Parties
Appellant: Ram Krissen Singh; Respondents: Divisional Forest Officer Bankura Division & Others
Jurisdiction
India
Judgment Date
04 August 1964
Procedural Posture
Civil Appeal / Appeal From Calcutta High Court Judgment and Order Dated March 17, 1961
Outcome
appeals dismissed
Legal Topics
Vesting of Rights, Estate Acquisition, Compensation for Acquisition, Retrospective Amendment
Property Law Constitutional Law Vesting of Rights Estate Acquisition Compensation for Acquisition Retrospective Amendment

Case Brief

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Parties

Ram Krissen Singh

Appellant

Divisional Forest Officer Bankura Division & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Calcutta High Court Judgment and Order Dated March 17, 1961

Legal Issues

  1. 1 Whether section 5(aa) of the West Bengal Estates Acquisition Act, 1953 as amended by Act 25 of 1957 vested the right to cut trees granted by an intermediary to a third person in the State.
  2. 2 Whether absence of compensation provision rendered the acquisition unconstitutional.

Ratio Decidendi

Section 5(aa) of the West Bengal Estates Acquisition Act, 1953 as amended is sufficient to vest the right to cut trees and to forest produce in the State, regardless of whether such right belonged to an intermediary or a third party at the time of vesting; absence of compensation provision does not affect the constitutionality after the Act's inclusion in Schedule IX.

Court Disposition

appeals dismissed

Orders

  • no order as to costs