West Bengal Legal Service – 2007 – West Bengal Estates

West Bengal Legal Service – 2007 – West Bengal Estates

Answer any five questions.

1. (a) In what particular matters the Civil Court’s Jurisdiction is barred under the West Bengal Estates Acquisition Act, 1953 ?
(b) What would be the fate of a suit application pending before a civil court in respect of matters which have since been barred under the provisions of the West Bengal Estates Acquisition Act, 1953 ?
(c) Was there any change In the position of the Co-Shares in respect of agricultural holdings after the date of vesting ?

2. (a) What are the restrictions on transfer of land by an intermediary between the 5th day of May, 1953 and the date of vesting, under the West Bengal Acquisition Act, 1953 ?
(b) What is a Tank fishery ? Would transfer of a Think fishery come within the mischief of this prohibited period under the West Bengal Estates Acquisition Act, 1953 ?

3. (a) Who can apply for pre-emption under the West Bengal Land Reforms Act, 1955 and what is the position of a bargadar in exercise of such a right?
(b) What transfers of land are exempted from the purvlew’ of Pre-emption under the West Bengal Land Reforms Act, 1955?
(c) A, riyat, transfers his entire plot of land to B. Does any right of pre-emption accures to a person owning land adjoing to the land of A under the provisions of the West Bengal Land Reforms Act, 1955?

4. (a) In what circumstances a person cultivating land of another shall be presumed to be a bargadar under the West Bengal Land Reforms Act, 1955?
(b) What are the grounds for which an owner can terminate cultivation of land by a bargadar under the West Bengal Land Reforms Act, 1955 ?

5. Write a short notes on ;
a. Environmental Laboratories
b. Hazardous Wastes (Management and Handling) Rules, 1989.

6. What are the factors that the Central Government may take into consideration while prohibiting or restricting, carrying on any industry, operation or process, under the provisions of Environment (Protection) Act, 1986 and the Environment (Protection) Rules, 1986.

7. (a) What do you understand by the expression ‘acquisition of land for public purpose’ under the Land Acquisition Act, 1894 ?
(b) Who are the ‘persons interested’ that can raise objections against such acquisition of land under the Land Acquisition Act, 1894 ?
(c) What could be the probable grounds of objections for such land acquisition under the Land Act, 1894?

8. (a) State how assessment of damages for unauthorised use and occupation of public premises will be effected under the provisions of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and Rules 1971 there for.
(b) Discuss the liability of heirs and legal representatives of unauthorised occupants of public premises for default in payment of amounts payable by unauthorised occupants under the provisions of Public Premises (Eviction of Unauthorised Occupants) Act, 1971.