Advocate
This is exclusively related to land of any nature. In West Bengal as per the provisions of West Bengal Land Reforms and Tenancy Tribunal Act and Rules made thereunder, West Bengal Land Reforms and Tenancy Tribunal (WBLRTT) has been functioning since long and deals in the matter related to:
1. The W.B. Estate Acquisition Act ,1953.
2. The W.B. Land Reforms Act , 1956.
3. The W.B. Restoration of Alienated Land Act, 1973.
4. The Calcutta Thika Tenancy (Acquisition and Regulation) Act , 1981.
5. The W.B. Acquisition of Homestead Land for Agricultural Labourers , Artisans and Fishermen Act, 1975.
6. The W.B. Premises Tenancy Act, 1997.
The West Bengal Land Reforms and Tenancy Tribunal has been established with a view to expedite the disposal of disputes arising in respect of assessment of lands, imposition of penalties and allied matter under any specified State Act namely i) the West Bengal Estates Acquisition Act, 1953(West Bengal Act of 1954) ii) The West Bengal Land Reforms Act 1956 (West Bengal Act of X of 1956) iii) The West Bengal Restoration of Alienated Land Act,1973(West Bengal Act XXIII of 1973) iv) the Calcutta Thika Tenancy (Acquisition and Regulation) Act,1981 (West Bengal Act XXXVII of 1981) v) The West Bengal Acquisition of Homestead Land for Agricultural Laborers, Artisans, and Fishermen Act,1975 (West Bengal Act XLVII of 1975) vi) The West Bengal Premises Tenancy Act,1997 (West Bengal Act XXXVII of 1997).It extends to the whole of West Bengal. This was done in pursuance of the amendment of Constitution of India by Articles 323B. In the statement of objects and reasons on the introduction of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, it was mentioned that the setting up of such Tribunals exclusively would go a long way in reducing the burden on the High court and reduce pendency and would also provide to the persons concerned a speedy and relatively cheap and effective remedy. This Tribunal exercises such jurisdiction and power as are available to the High Court under Article-226 of the Constitution in respect of matters under the Acts specified in the Land Reforms and Tenancy Tribunal Act. In view of the judgment of the Supreme Court in L. Chandrakumar Vs Union of India as reported in AIR 1997 S.C. pg.1125 (1997(3) S.C.C page.261) an aggrieved party can move the Division Bench of the High Court against any judgment and order of this Tribunal. It is equivalent to single judge of the High Court with regard to matters falling within its jurisdiction. It can determine any question on the constitutionality of any provisions of the Acts and Rules coming within its jurisdiction. Under section 15 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
The Tribunal follows the principles of natural justice in deciding cases and the technical procedure, prescribed by Evidence Act and CPC does not strictly apply. The West Bengal Land Reforms and Tenancy Tribunal is doing its best to expedite the disposal of cases.
The West Bengal Land Reforms and Tenancy Tribunal is empowered to prescribe its own rules of practice for discharging its functions as per Sec. 20 of the W.B.T.T. Act 1997. For this purpose the West Bengal Land Reforms and Tenancy Tribunal Rules 1998 has been framed which was subsequently amended in the year 2002.
In our Team, Mrs. Jayasree Ganguli Advocate is the expert in this field. She may be contacted directly over +91 98300 84360 for any Land related advice.