A land in question was vested to state under WBEA Act in 1982 . The vesting proceedings was initiated in 1978 and completed in December 1982 when chapter IIB of WBLR Act is in force but the proceedings was conducted following section 6(5) of WBEA Act. Is it legally tenable?
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1. The notice of vesting is to be seen.
2.After the coming of the WBLR Act the Estate Acquisition Act goes.
However there are many ingredients there like issuance of notice ,completion of procedure etcto make final comment on the validity of vesting procedure.
The explanation and exception of the provision of law referred by you is given below:
^Explanation.—The expression 'land held under a lease' includes any land held
directly under the State under a lease.
''Exception.—In the case of land allowed to be retained by an intermediary or
lessee in respect of a tea-garden, such land may include any land comprised in a
forest if, in the opinion of the Slate Government, the land comprised in a forest is required for the tea-garden.
The law states that:
In the case of land comprised in a tea-garden, mill, factory or *' workshop the intermediary, or where such land is held under a lease, the lessee, shall be entitled to retain only so much of .such land as, in the opinion of the Slate Government, is required for the tea-garden, mill, factory or workshop, as the case may be, and a person holding under a lease shall,for the purpose of assessment of compensation, be deemed to be an intermediary.
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