Supreme Court of India · 2004-12-03
STATE OF WEST BENGAL vs ASHISH KUMAR ROY .
- Citation / case number
- SC 1999/9757
- Court
- Supreme Court of India
- Petitioner
- STATE OF WEST BENGAL
- Respondent
- ASHISH KUMAR ROY .
- Author
- SRIKRISHNA
- Bench
- B.N. SRIKRISHNA SHIVARAJ V. PATIL
Judgment text excerpt
The Supreme Court upheld the Calcutta High Court's ruling that certain provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, are ultra vires the Constitution, specifically declaring section 9 and clause 3(e) of Article 323B as violative of the Constitution's basic structure. The Court emphasized that the Tribunal constituted under the Act does not possess the necessary attributes as per Article 323B(1)(d) and that the Act infringes upon the High Court's jurisdiction under Articles 226 and 227. Consequently, the appeal by the State of West Bengal was dismissed, affirming the High Court's decision.