In a major reprieve for people in West Bengal whose homes were to be demolished after the abolition of the zamindari system in the State, the Supreme Court on Tuesday held that the law should not be interpreted in a way which will lead to widespread chaos. The apex court directed that the state government order for resuming the land in question cannot be sustained. The government will first issue notices to those whose land is to be resumed or to be taken possession of.
A bench of justices R V Raveendran and Markandey Katju, while upholding an earlier Calcutta High Court judgment, said if the state Government’s contentions were accepted and the relevant sections under the West Bengal Estates Acquisition Act, 1953 were to apply, the houses of the erstwhile intermediaries will be demolished and the land will go to the state Government.
“In our opinion such a view will only lead to large scale chaos because there must be thousands of such homestead lands,” the bench said.