Legal provisions involved: Sections 4, 5, 6(1)(j), 57A and the proviso to Section 57B(3) of the West Bengal Estates Acquisition Act, 1953, along with Order XLVII Rule 1 of the Code of Civil Procedure, 1908.

Judgement by: Supreme Court of India.

Judge/Bench: Justice N. Kotiswar Singh and Justice M.M. Sundresh.

Facts

Jai Hind Pvt. Ltd. owned agricultural land in West Bengal and claimed that it was entitled to retain the land as it was allegedly engaged only in farming. In 1971, a Revenue Officer rejected this claim and ordered vesting of the land in favour of the State. This order became final. Nearly four decades later, the company sought a review based on a proposed settlement with the State, and a Revenue Officer passed a fresh order allowing the company to retain the land.

Key legal provisions

 Sections 4, 5, 6(1)(j), 57A and the proviso to Section 57B(3) of the West Bengal Estates Acquisition Act, 1953, along with Order XLVII Rule 1 of the Code of Civil Procedure, 1908.

Issues raised

Whether a Revenue Officer has the power to review his own concluded order and whether the company fulfilled the conditions under Section 6(1)(j).

Arguments of the case

The State argued that no review power existed under the Act, while the company claimed such power flowed from delegated civil court powers.

Judgement

The Supreme Court held that review power must be clearly granted by law and cannot be assumed. The 2008 review order was invalid and the original 1971 vesting order was restored.

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