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TMI Blog1971 (2) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... sing the appeal of Sachindra Mohan Nandy and Jnanendra Mohan Nandy, now Appellants before us, against the judgment of Mukherjee, J., discharging the rule obtained by the Appellants Under Article 226 of the Constitution. In order to appreciate the points raised before us it is necessary to state the relevant facts. 2. On October 9, 1960 and October 10, 1960, the Collector of Hoogly made two orders Under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 hereinafter referred to as the Acquisition Act. The Collector purported to requisition land belonging to the Appellants for certain public purposes. He had issued the orders in exercise of the powers which had been conferred upon him by notification No. 3775-L.A. da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted day (hereafter in this Act referred to as the "corresponding law") which corresponds to any law referred to in Section 17, whether such corresponding law is in force in Chandernagore by virtue of the Chandernagore (Application of Laws) Order, 1950, or by virtue of any notification issued under the Chandernagore (Administration) Regulation, 1952 (Reg. 1 of 1952) or otherwise, shall, as from that day, stand repealed in Chandernagore. 4. The word "law" was defined in the Chandernagore (Merger) Act, 1954, as follows (Section 2(d)): "law" means so much of any enactment, Ordinance, Regulation, order, rule, scheme, notification, bye-law or any other instrument having the force of law as relates to matters enume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment or decision of any court, tribunal or authority, the following Acts, that is to say, The West Bengal Land Development and Planning Act, 1948. The West Bengal Non-Agricultural Tenancy Act, 1949 and The West Bengal Estates Acquisition Act, 1953 shall extend to and be deemed always to have extended to Chandernagore with effect from the appointed day. 6. We may here set out the notifications empowering Sri B.K. Chatterjee, I.A.S., to perform the functions of the Collector in the District of Hooghly under the Acquisition Act. By the first notification dated September 15, 1959, the Governor was pleased "to specially appoint Sri B.K. Chatterjee, I.A.S., Additional District Magistrate, Hooghly, to perform the functions of a Collector und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of requisition only in respect of lands within the local limits of the territories then forming part of the Hooghly District. 9. Regarding the first point, it seems to us that there is no force in the contentions. Section 3 of the Chandernagore (Merger) Act, 1954, made Chandernagore part of the State of West Bengal and Section 17 extended the Acquisition Act to it. The Acquisition Act was a law within the meaning of "law" contained in Section 2(c) of the Chandernagore (Assimilation of Laws) Act because it related to a matter enumerated in List II in the Seventh Schedule to the Constitution. List II, as it then existed, contained the following entries: 36. Acquisition or requisitioning of property, except for the purposes of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect of extending the Acquisition Act to Chandernagore. We are unable to appreciate this reasoning. Section 4 has a limited effect and that is that if there is a corresponding law then that law shall, as from that date, stand repealed in Chandernagore. If there is no corresponding law then Section 4 does not operate and it has no effect on the scope of Section 3. 12. It was finally urged in this connection that there was no law on the subject of requisitioning of property in French territory, the citizens enjoyed the privilege of immunity and any order to deprive the citizens of that immunity should have been much more specific. We agree with the High Court that there is no force in this contention. If by virtue of Section 3 of the Assi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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