The West Bengal Land Development and Planning Act of 1948 was enacted to provide for the acquisition and development of land for public purposes in West Bengal, such as settling refugees who migrated to the state due to circumstances beyond their control and establishing towns, villages, and agricultural/industrial development. Key aspects of the act included provisions for notifying areas for development, acquiring land for public purposes with landowner consent, and protecting refugees from eviction until alternative accommodation was provided. The act aimed to balance land acquisition and development with protecting displaced populations in the context of the large refugee crisis facing West Bengal after the 1947 partition of India and Pakistan.

1. WEST BENGAL
LAND
DEVELOPMENT
AND PANNING
ACT
1948-1955
1948-
1955
MAULANA AZAD NATIONAL INSTITUTE OF
TECHNOLOGY BHOPAL (M.P)
SUBMITTED
BY PRAVEEN
MUKATI
141109029
B.PLAN 2nd
YEAR
SUBMITTED
TO
NAVNEET
MUNOTH SIR

2. 2
Contents
1 Introduction..................................................................................................... 3
2 Partition Of Bengal 1947 ................................................................................. 3
3 Reason For Partition ........................................................................................ 6
4 Refugee Crisis ........................................................................................... 7
4 Need of policy and plans.................................................................................. 9
5 West Bengal Land Development And Panning Act 1948................................. 10
5.1 Objective of the Act and its Application ................................................... 10
5.2 Key Highlights ........................................................................................ 10
6 Miscellaneous Provisions:........................................................................... 11
7 Procedure of Acquisition for Public Purpose:............................................... 11
8 Analysis ..................................................................................................... 12
9 Conclusion .................................................................................................... 13
References ....................................................................................................... 14

3. 3
1 Introduction
An act to provide for the acquisition and development of land for public purpose . This Act may
he called the West Bengal Land Development and Planning Act, 1948.
- It extends to the whole of West Bengal; but it shall not apply lo i.e. Calcutta Municipality as
defined in clause (b) of section 2 of the Calcutta Improvement ACL, 1911, or to any area to
which that Act has been extended under sub-section (3) of section 1 (hereof before the
commencement, of this Act.
- It shall come into force on the dale on which the West l Bengal Land Development and
Planning Ordinance, 1948, cases to operate.
In this Act, unless there is anything repugnant in the subject or context,
(a) the expressions "land", "Collector" and "Company" respectively have the same meanings as
in the Land Acquisition Act, 1894;
(b) "Development scheme" means a scheme for the development of land for any public purpose;
(c) "Notified area" means an area declared under subsection (I) of section 4 to be a notified area;
(d) "Public purpose" includes— (i) the settlement of immigrants, who have migrated into state of
West Bengal on account of circumstances beyond their control,
(ii) The establishment of towns, model villages and agricultural colonies,
(iii) The creation of belter living conditions in urban and rural areas
(iv)The improvement and development of agriculture, forestry, fisheries and industries; -1but
does not include a purpose of the Union;]
(e) "Rules" means rules made under this Act.
The '[Stale] Government may "appoint, in accordance with the rules, on
authority (hereinafter referred to as the prescribed authority) for carrying out the purposes or this
act.
2 Partition Of Bengal 1947
The Partition of Bengal in 1947, part of the partition of India divided the British
Indian province of Bengal between India and Pakistan. Predominantly Hindu West
Bengal became a province of India, and predominantly Muslim East Bengal (now Bangladesh)
became a province of Pakistan.

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Figure 1 Partition of Bengal
The partition, with the power transferred to Pakistan and India on 14–15 August 1947, was done
according to what has come to be known as the "3 June Plan" or "Mountbatten Plan". India’s
independence on 15 August 1947 ended over 150 years of British influence in the Indian
subcontinent.
East Bengal, which became a province of Pakistan according to the provisions set forth in the
Mountbatten Plan, later became the independent country of Bangladesh after the
1971 Bangladesh Liberation War.
In 1905, the first partition in Bengal was implemented as an administrative preference, making
governing the two provinces, West and East Bengal, easier.[1]
While the partition split the
province between West Bengal, in which the majority was Hindu, and the East, where the
majority was Muslim, the 1905 partition left considerable minorities of Hindus in East Bengal
and Muslims in West Bengal.
While the Muslims were in favor of the partition, as they would have their own province, Hindus
were not. This controversy led to increased violence and protest and finally, in 1911, the two
provinces were once again united.

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Figure 2 Bengal 1947
However, the disagreements between Hindus and Muslims in Bengal which had sparked the
Partition of Bengal in 1905 still remained and laws, including the Partition of Bengal in 1947,
were implemented to fulfill the political needs of the parties involved.
The partition
As per the plan, on 20 June 1947, the members of the Bengal Legislative Assembly cast three
separate votes on the proposal to partition Bengal:
 In the joint session of the house, composed of all the members of the Assembly, the division
of the joint session of the House stood at 126 votes against and 90 votes for joining the
existing Constituent Assembly (i.e., India)
 Then the members of the Muslim-majority areas of Bengal in a separate session passed a
motion by 106–35 votes against partitioning Bengal and instead joining a new Constituent
Assembly (i.e., Pakistan) as a whole.
 This was followed by the separate meeting of the members of the non-Muslim-majority areas
of Bengal who by a division of 58–21 voted for partition of the province.
Under the Mountbatten Plan, a single majority vote in favor of partition by either notionally
divided half of the Assembly would have decided the division of the province, and hence the
house proceedings on 20 June resulted in the decision to partition Bengal. This set the stage for
the creation of West Bengal as a province of the Union of India and East Bengal as a province of
the Dominion of Pakistan.

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Also in accordance with the Mountbatten Plan, in a referendum held on 7 July, the electorate of
Sylhet voted to join East Bengal. Further, the Boundary Commission headed by Sir Cyril
Radcliffe decided on the territorial demarcation between the two newly created provinces. Power
was transferred to Pakistan and India on 14 and 15 August, respectively, under the Indian
Independence Act 1947.
3 Reason For Partition
Unity among the People
Lord Curzon in charge of the Government of India proposed the division of Bengal for
administrative convenience. But the actual reason behind this was his fear on their existence and
decided to break apart the state Bengal. Lord Curzon could understand the unity among the
Indian nation and wanted to curb their individuality.
Political strength
Lord Curzon during his tenure from 1898 to 1905 he expressed of bringing down the number of
elected Senate members. Thus in the year 1899 he brought down the members that were to be
elected from the Calcutta Corporation giving the key financial powers to the Britisher’s.
The Universities Act
Lord Curzon passed the universities Act in the year 1904 according to this Act secrets of the
government were meant to be curtailed among them and not given to the press.
Nationalism
He later announced the partition of Bengal in 1905.He did it so aiming for two advantages. The
weakening of the nationalist movement and the fire set between the Muslims and Hindus. In
1902 he announced that he wanted to divide Bengal with the objective of administrative
convenience.
Separation of the state
Curzon’s proposal’s for the division of Bengal received Royal assent on 1st September,
1905.Bengal was divided into two parts.The separation of the state was also to cripple the
nationalists and the educated who were higher in Bengal.
Hindus and Muslims
the moderate leader’s influence on the people was reduced in the 19th century. Lord Curzon was
determined to curb the nationalist movement and Wanted to rule by dividing Muslims and
Hindu’s against each other.
Anti-Partition Movement of Bengal

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 The people of Bengal understood the real motive behind the partition. On 16th October
1905, the partition became effective people observed this day as a day of mourning.
 People fastened and walked barefoot to the Ganges and sang patriotic songs like
Vandemataram written by BankimChandra Chatterjee.
 Rabindranath Tagore suggested to observe 16th October as Raksh Bandhan day between
people of west and east Bengal.
4 Refugee Crisis
A massive population transfer began immediately after partition. Millions of Hindus migrated to
India from East Bengal. The majority of them settled in West Bengal. A smaller number went
to Assam, Tripura and other states. However the refugee crisis was markedly different
from Punjab at India's western border. Punjab witnessed widespread communal immediately
before partition. As a result, population transfer in Punjab happened almost immediately after the
partition as terrified people left their homes from both sides. Within a year the population
exchange was largely complete between East and West Punjab. But in Bengal, violence was
limited only to Kolkata and Noakhali. And hence in Bengal migration occurred in a much more
gradual fashion and continued over the next three decades following partition. Although riots
were limited in pre-independence Bengal, the environment was nonetheless communally
charged. Both Hindus in East Bengal and Muslims in West Bengal felt unsafe and had to take a
crucial decision that is whether to leave for an uncertain future in another country or to stay in
subjugation under the other community.[19]
Among Hindus in East Bengal those who were
economically better placed, particularly higher caste Hindus, left first. Government
employees were given a chance to swap their posts between India and Pakistan. The educated
urban upper and middle class, the rural gentry, traders, businessmen and artisans left for India
soon after partition. They often had relatives and other connections in West Bengal and were
able to settle with less difficulty. Muslims followed a similar pattern. The urban and
educated upper and middle class left for East Bengal first.[19]
However poorer Hindus in East Bengal, most of whom belonged to lower castes like
the Namashudras found it much more difficult to migrate. Their only property was immovable
land holdings. Many sharecropped. They didn't have any skills other than farming. As a result,
most of them decided to stay in East Bengal. However the political climate in Pakistan
deteriorated soon after partition and communal violence started to rise. In 1950 severe
riots occurred in Barisal and other places in East Pakistan, causing a further exodus of Hindus.
The situation was vividly described by Jogendranath Mandal's resignation letter to the then prime
minister of Pakistan Liquate Ali Khan. Mandal was Namashudras leader and despite being
a lower caste Hindu, he supported Muslim League as a protest to the subjugation of lower caste
Hindus by their higher caste co-religionists. He fled to India and resigned from his cabinet
minister's post. Throughout the next two decades Hindus left East Bengal whenever communal
tensions flared up or relationship between India and Pakistan deteriorated, as in 1964. The

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situation of the Hindu minority in East Bengal reached its worst in the months preceding and
during the Bangladesh Liberation War of 1971, when the Pakistani army systematically targeted
ethnic Bengalis regardless of religious background as part of Operation Searchlight.
In independent Bangladesh, state sponsored discrimination of Hindus largely stopped. But like
India, the two communities relationship remains tense and occasional communal violence
occurred, such as in the aftermath of Babri Mosque demolition. Migration to India continues to
present day although now it is mostly due to economic reasons and is not limited to Hindus
alone.
Muslims in post-independence West Bengal faced similar discrimination Although unlike East
Bengal no state sponsored discrimination of Muslims occurred, they were shunned by
the majority community. While Hindus had to flee from East Bengal, Muslims were able to stay
in West Bengal. But over the years, they became ghettoized and they were socially and
economically segregated from the majority community Throughout West Bengal Hindus and
Muslims live separately in clear cut defined blocks in cities and rural areas. Muslims lag well
behind other minorities like Sikhs and Christians in almost all social indicators like literacy and
per capita income.
Apart from West Bengal, thousands of Bihari Muslims also settled in East Bengal. They had
suffered terribly in severe riots before partition. But they supported Pakistan during Bangladesh's
liberation war and was subsequently denied citizenship by Bengalis in independent Bangladesh.
Most of these Bihari refugees still remain stateless.
The 1951 census in India recorded 2.523 million refugees from East Bengal. Among them
2.061 million settled in West Bengal. The rest went to Assam, Tripura and other states. By
1973 their number reached over 6 million. The following table shows the major waves of
refugee influx and the incident that caused it.
Fig 3 population of Bengal year wise

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1951 census in Pakistan recorded 671,000 refugees in East Bengal, the majority of which
came from West Bengal. Rest was from Bihar. By 1961 the numbers reached 850,000.
Crude estimates suggest that about 1.5 million Muslims migrated from West Bengal and
Bihar to East Bengal in two decades after partition.
4 Need of policy and plans
Migration in the East began in the immediate aftermath of the Direct-Action Day violence in
1946 itself. But these first migrants belonged to the upper classes, and though often guided by
the experience of actual violence, for many the decision to migrate was often politically
motivated. This first batch of refugees was more or less capable of self rehabilitation. Yet,
among them there was a small minority which depended upon the Government, specially the
ones who came after the Khulna riots of 1949. It was for them that the first relief measures were
provided by the Government.
The following section discusses setting up of relief camps in West Bengal, the impact of the
West Bengal Land Development and Planning Act (1948), and the rehabilitation provided to
these first migrants.
As per the Act ‘public purpose’ included ‘the settlement of immigrants who have migrated into
the State of West Bengal on account of circumstances beyond their control’, apart from other
activities which included establishment of towns, model villages and agricultural colonies,
improvement of agriculture, forestry, fisheries and This act was meant ‘to provide for the
rehabilitation of displaced persons and eviction of persons in unauthorized occupation of
land.’89 As per the provisions of the Act, an industries and the creation of better living
conditions in urban and rural areas. Owner of a land could approach the Competent Authority
before 31st March 1957 for the eviction of persons in unauthorized occupation of his land
subject to the limitation that it should be proved that such occupation was not done prior to 1st
October 1946. The Competent Authority would then make enquiries and issue a notice to the
occupant of the land asking him to show cause why he should not vacate the land and pay a
suitable compensation to its original owner within thirty days of issuing the notice. If the answer
was not found satisfactory then the CA could order for the eviction of such persons from the land
and also fix the amount of compensation to be paid to the original owner of the land. The CA
could, on his own discretion, send for the case to be tried in a civil court. If
the occupant refused to vacate, the CA could order for the use of force.
This was how the original Bill was designed.90 But in the face of stiff resistance from refugees
and their leaders91, a very significant rejoinder to the Act was introduced in the form of Section
4 of the Act. As per this Clause, the refugees would not be evicted or asked to pay any
compensation until the State Government provided him with alternative accommodation. Yet
another provision in this Act which sought to protect the refugees was in the role accepted by the

10. 10
State Government to ‘acquire any land or any part thereof for a public purpose.’92 Such
acquisition was to be made under the West Bengal Land Development and Planning Act (1948).
The only safeguard guaranteed to the original owners of such land by the Government was that
‘no land shall be acquired in pursuance of this section except with the consent of the owner
thereof if the owner is entirely dependent for shelter or livelihood on such land.’
5 West Bengal Land Development And Panning Act 1948
Definitions In this Act, unless there is anything repugnant in the subject or context,--
(a) the expressions “land” ,”Collector” and “Company” respectively have the same meanings as
in the Land Acquisition Act, 1894;
(b) “Development scheme” means a scheme for the development of land for any public purpose;
(c) “Notified area” means an area declared under sub-section (1) of section 4 to be a notified area
:
(d) “Public purpose” includes –
(i) The settlement of immigrants who have migrated into the 2[State] of West Bengal on account
of circumstances beyond their control,
(ii) The establishment of towns, model villages and agricultural colonies.
(iii) The creation of better living conditions in urban and rural areas, and
(iv)The improvement and development of agriculture, forestry, fisheries and industries; 3[but
does not include a purpose of the Union;]
5.1 Objective of the Act and its Application
 The Act deals with the question of land development and planning for public purpose. It is the
intention of this act to acquire land for the purpose of development and dispose of the same.
 The Act applies to the whole of West Bengal and those areas which were comprised within the
municipality of Tollygunge before the issue of notification under the Calcutta Municipal Act,
1951. But it excludes the area of ‘Calcutta’ as defined in Schedule I of Kolkata Municipal Act,
1984.now we will discuss about the key highlights of the west best land.
5.2 Key Highlights
 Public Purpose – It is defined in section 2(d) of the Act. The definition is not exhaustive. The
Act envisages two public purpose – (a) settlement of migrants (b) objects dealt in by section 2(d)
(ii), (iii) and (iv) . Such classification is not unreasonable.
 Notified Area – It is the discretion of the state government upon satisfaction that a particular
area will be used for public purpose. Such an area will be notified to the public. Upon such

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notification, government can carry out any activities essential for public purpose. The
notification must specify the particular public purpose for which the acquisition is necessary.
 Development Scheme – A development scheme has to be prepared by any authority
empowered by the state government in respect of any Notified Area. Such a scheme is to be
submitted to the State Government and upon its satisfaction, sanctions will be granted by
providing declarations. No such scheme is required for settlement of migrants (S. 2(d) (i)).
 Special Schemes in case of Urgency – Under section 7, with regards to any notified area if the
preparation of development scheme is delayed, government may still make a declaration so as to
meet any emergency circumstances
 Market Value of Lands – For settlement of immigrants under section 2 (d) (i) of the Act, the
owner from whom the land is acquired will get compensation not exceeding the market value of
the land as on 31-12-1946. Whereas if land is acquired for any other public purpose, the owner is
to get compensation equivalent to the market value of the land as on the date of publication of
notification under S. 4 (1) of the Act. Market value will be determined in accordance with Land
Acquisition Act, 1894.
6 Miscellaneous Provisions:
 Power to dispose Acquired Lands – After the land is acquired in pursuance of execution, it can
subsequently be leased or sold off and the person from whom land was acquired will be given
the first right to purchase or take in lease. This procedure of disposal is on the discretion of the
government.
 Good Faith – A person can claim immunity from suit, prosecution and any other legal
proceedings for anything done by him in good faith
7 Procedure of Acquisition for Public Purpose:
Development of land shall be undertaken by any ‘person’ authorized by the state government
who shall make payment at the time of entry to meet any contingencies which may arise:
 If an area of land is intended to be acquired for public purpose, it is first to be notified in the
official gazette. After notification such land can be further used for undertaking basic activities
like survey, examinations, mark boundaries and etc.
 The prescribed authority meanwhile would start preparing a developmental scheme in respect
the notified area mentioned in pt.1 and the same is to be submitted to the State Government for
its sanction.
 If any interested person intends to object to the acquisition, it is done within 30 days of
issuance of notification as mentioned in pt. 1.

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 After objection, it is to be taken up for hearing before the Collector. After hearing, the
Collector then submits this issue to the state government along with a report containing his
recommendations and suggestions
 The development scheme submitted in step 2 and the objections arising out such acquisition
will be examined by the government. After such examinations, the said scheme will be
sanctioned by the government. But before submitting such scheme, under Rule 5 (2) of West
Bengal Land, Development and Planning Rules, 1948 opportunity to make representation against
such scheme must be given to the interested persons.
 Once the development scheme is sanctioned and state government is satisfied that the land in
the notified area is ready for execution of the scheme, it will issue a declaration to that effect.
Similarly, if upon the report of the collector in step 4, the state government is satisfied that a land
in the notified area is needed for public purpose, a declaration will be issue in this regard
 The declaration along with details of the land will be published in the official gazette
.  After declaration, the execution of scheme begins and the provisions of Land Acquisition Act,
1894 will apply so as to determine compensation, provided that (i) in respect of any watery area,
the possession will vests with the government free of any encumbrances (ii) different market
value will apply for settlement of migrants and for other public purpose mentioned in section
2(d) of the act
.  After determination of compensation, an award shall be made in accordance with section 11
of the Land Acquisition Act. (The whole proceedings for determining compensation shall be
presided over by the collector).
 Once the award has been made, Collector may take the possession of land ensuring that it is
free from all encumbrances.
8 Analysis
The Act was passed in the year 1948 and was subsequently amended in 1955. Subsequently,
there are number of state acts passed with similar object of development which questions the
relevance of the Act in the present. But it is important to note that the Act is valid having been
included in Schedule IX of the Constitution although some of its provisions are opposed to
Fundamental Rights. It is a piece of legislation for compulsory acquisition of property.
The Act is within the legislative competence of the state and is not repugnant to the Land
Acquisition Act, 1894. Section 2 of the Act will prevail only to the extent of the amendment
introduced by the Amendment Act of 1955. Where the legislation is governed under article 31 of
the constitution, the application of article 19 is barred. Article 19 and article 31 are not same and
has to be read separately and this view has been accepted by courts.

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9 Conclusion
Now the important question which arises is the constitutionality of some provisions of the Act.
Article 31B cannot be invoked to challenge the Act. The main issue is with regards to
constitutionality of Section 8 (1) amended proviso cl. (b). Section 8 (1) amended proviso cl. (b)
does not get protection of article 31-B of the Constitution. This is because this provision was
brought under an amendment after the Act was already brought under the ninth schedule of the
constitution. Only permanent statutes can be brought under ninth schedule. Clause (b) was
brought under amendment by ordinance. Under this impugned provision a classification is made
whereas if a piece of land is acquired for settlement of immigrants, the owner of the land is to get
compensation not exceeding the market value of the land as on 31-12-1946. In case if the land is
acquired for other public purpose, the owner is to get compensation equivalent to the market
value of the land on the date of publication of notification under section 4 (1) of the Act. There is
no indication in the Act why such discrimination is made with regards to payment of
compensation. The classification is made on the basis of public purpose between owners in
similar situation. There is no relationship between such classification between owners of the land
regarding payment of compensation and the object of the Act sought to be achieved by such
classification. Hence this is a clear violation of article 14 of the constitution. If the land owner
finds that the land of another person has been acquired and that person gets a higher
compensation, he is entitled to make the grievance. Also, the owners of the lands are entitled to
statutory solatium under section 23 (2) of the Land Acquisition Act, 1894. Hence section 8(2) the
Act deprives the owner of lands the right to solatium.
It is more interesting to observe that in State of West Bengal v. Mrs. Bela Banerjee, the Supreme
Court strike down the un-amended provision i.e. clause (b) as ultra-vires to section 31 (2) of the
constitution. Thereafter the act was incorporated in the Ninth Schedule, as a result of which the
un-amended provision of clause (b) of section 8 became immune from the challenge of
contravention of Fundamental Rights under part III of the constitution. Hence, although the
owner is precluded from challenging the adequacy of compensation, he can surely complain
about the discrimination meted out under the like circumstances.
Another doubt which may arise is related to the constitutionality of section 7 of the Act. Two
distinct classes of acquisition are contemplated by the Act as general development and
acquisition to meet an emergency. Such a classification does not make any discrimination. No
development scheme is required with respect to acquisition under emergency.
Lastly, in State of UP v. Pista Devi, it was contemplated by the Supreme Court that principles
underlying section 21 (2) of Delhi Development Act should be followed by all authority
throughout the country. This principle should be mandatorily followed by the West Bengal Act
as it contemplates acquisition of large tract of land for the purpose of land development.

14. 14
References
 Chatterji, Joya (2007). The Spoils of Partition: Bengal and India, 1947–1967. Cambridge
University Press. ISBN 978-1-139-46830-5.
 Singh, J.J. "Partition of India: British Proposal Said to be Only Feasible Plan Now." The
New York Times 15 June 1947: E8
 "India's History : Modern India : The First Partition of Bengal : 1905".
 www.jurorsprudence.wordpress.com
 Pramanik, Bimal (2005), “Illegal Migration from Bangladesh- A Case Study of West
Bengal”, Dialogue, 6 (3): p. 43.
 Datta, Pranati (2004), “Push-Pull Factors of Undocumented Migration from Bangladesh
to West Bengal: A Perception Study”, The Qualitative Report, 9 (2): p. 337.
 West Bengal land development and planning act 1948 LAW OF INDIA
http://www.lawsofindia.org/statelaw/5823/TheWestBengalLandDevelopmentandPlannin
gAct1948.html