212, 433, 435 and 436 of 1959 respectively.
Appeals from the judgment and order dated March 17, 1961 of the Calcutta High Court in Appeal from Original orders Nos.
By the date the writ petition came to be heard the West Bengal Legislature had, in view of certain decisions rendered by the Calcutta High Court which held that the terms of s. 5 of the Act which specified the property or interest in property which would vest in the Government did number include the right to cut trees in a forest, which had been granted to a third person by the proprietor or intermediary before the date of the vesting, amended the said vesting section by introducing S. 5 aa to have retrospective effect from the date of the companymencement of the principal Act.
Under the terms of the said document the period during which the appellant was given this right to cut trees was to end on April 14, 1955.
7,131/8/ .
1 to 3 in C.A. No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
781 to 784 of 1963.
K. Daphtary, Attorney General, S. C. Bose and P. K. Bose, for respondents Nos.
The Judgment of the Court was delivered by Ayyangar J. These appeals are before us by virtue of certificates granted by the High Court under Art.
N. Mukherjee, for the appellant in C.A. No.
Thereupon, the appellant tiled a petition under Art.
C. Chatterjee, Ramkrishna Pal, Taraknath Roy and D. N. Mukherjee, for the appellants in C.As.
781/63 .
By the time the petition was filed the West Bengal Estates Acquisition Act, 1953 Act 1 of 1954 , hereafter referred to as the Act had been passed and in the companynter affidavit which was filed to this petition reliance was placed upon its provisions for companytending that the estate belonging to the Zamindar in which the forest lay as well as all the rights to the trees therein, to whomsoever belonging, had vested in the State under S. 5 of the Act by reason of a numberification issued by the State Government under s. 4.
The appellant started the cutting operations and cut only for, the first few years, but thereafter action was taken by the Forest Officers of the State to prevent him from further cutting under the powers vested in them by the West Bengal Private Forests Act, 1948.
1 to 3 in C.As.
226 of the Constitution for a writ of certiorari for quashing the orders passed against him and also for an injunction restraining the Forest Officers from taking delivery of possession and from cutting and disposing of the forests companyered by his agreement.
782 784/63 .
The Zamindar of Simlapal in the Collectorate of Bankura entered into a companytract with the appellant Ram Krissen Singh and by a document dated September 3, 1946, granted him the right to cut the trees, in certain demarcated areas, of certain forests of the Zamindari on payment of a sum of Rs.
