West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
20. The definition of “khatal” as mentioned in Section 2(5) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 and the relevant provision of Section 4(b) are set out hereunder:
2. (5) “Khatal” means a place where cattle are kept or maintained for the purpose of trade or business in milk derived from such cattle;”
In terms of West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 a “khatal” means a place where cattle are kept or maintained for the purpose of trade or business including business in milk derived from such cattle. In terms of Section 4(b) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 lands held in monthly or other periodical tenancies for being used or occupied as a “khatal” shall be deemed to have vested in the State. Therefore, unless the land is held in monthly or other periodical tenancies for being used or occupied as a “khatal”, the same cannot vest in the State in terms of Section 4(b) West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.Section 4(b) made it clear that lands held in monthly or other periodical tenancies for being used or occupied as a “khatal” shall be deemed to have vested in the State.
The West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 has been enacted to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and provisions of the aforesaid Act are to be strictly adhered to while acquiring the interests of the landlords in respect of a thika property.
Relevant extracts from the preamble of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 are set out hereunder:
An act to provide for the acquisition of interests of landlords in respect of lands comprised [in Thika tenancies and certain other tenancies] in Kolkata, Howrah and other Municipalities of West Bengal for development and equitable utilization of such lands.