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february 1978

Supreme Court of India · 1978-02-15

MIR FAKIR MOHD. vs STATE OF WEST BENGAL

Citation / case number
SC 1978/90471
Court
Supreme Court of India
Petitioner
MIR FAKIR MOHD.
Respondent
STATE OF WEST BENGAL
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court addressed whether a bamboo garden or banana plantation qualifies as an 'orchard' under Section 6(1)(f) of the West Bengal Estate Acquisition Act, 1954. The Court upheld the High Court's ruling that a bamboo garden is agricultural land and that banana plants do not constitute fruit trees, thus not fitting the definition of 'orchard'. The Court emphasized the need for a broader interpretation of 'orchard' in line with statutory definitions, ultimately affirming the High Court's decision.

MIR FAKIR MOHD. vs STATE OF WEST BENGAL · Niyam