STATE OF WEST BENGAL & Ors. v. CALCUTTAMINERALSUPPLYCO. PVT. LTD

#2. In this case, indisputably the respondent was in C possession of the land measuring about 4.54 acres comprised in a factory or mill together with structures when WBEA Act came into force in 1954. After the said Act of 1953 came into effect, the company was allowed . to retain all the lands comprised in the factory by the D respondent by reason of Section 6(1 )(g) read with Section 6(3) of the Act as the State Government was of the opinion that the Company required all the lands for the purpose of the factory. It is also not in dispute that at E all point of time the respondent-company was holding the land of factory within the ceiling limit as provided under the WBEAAct and West Bengal Land Reforms Ac~. After coming into effect of the said Act, no order was passed by the concerned authority against the respondent since the land held by it was well within the ceiling limit. Having regard to the facts of the case of the respondent and also regard being had to the fact that the respondent at all point of time held the land within the ceiling limit, t.he High Court rightly set aside order G passed by the Special Secretary upholding the notice issued by the Sub-Divisional, Land and Land Reforms Officer. [paras 36 to 38] [253-G-H; 254-A-C; 255-F-G] F H