It appears that Sec. 14K(d) defines irrigated area. It runs thus : “Irrigated area means an area specie as such by the State Government, by notification in the Oficial Gazette, being an area which is, or is in the opinion of the State Government capable of being irrigated, at any time during the agricultural year commencing on the 1st day of Baisakh, 1377 B.S., or thereafter, from any State Canal Irrigation Project or State Power Division deep tubewell or shallow tubewell or any other state irrigation project or State river lift irrigation project.”
This definition clearly indicates that the irrigated area is an area specified in a notification made by Stan Government and such an area is or in the opinion of the State Government capable or being irrigated at any time during the agricultural year commencing from Baishak, 1377 B.S. or thereafter from Canal Irrigation, etc.
To treat an area as an irrigated area for the purpose of Chapter IIB of West Bengal Land Reform Act. it has to be seen that the lands .are noticed as in the irrigated area by the State Government but the notification is not the final determining point. Notification is made on consideration of the fact that in fact the land irrigated or the State Govt. is of the view that it is capable of being irrigated, only then the State Govt. can make the notification, It is clear from the provisions of Sec, 4N that such determination by the State Govt. by notification is not final Sec. 14N lays down .that if any question arise as to whether any land is or is not within an irrigated area such question shall be determined by the prescribed authority in such a manner as may be prescribed. Sub-sec. (2) has provided for prescribing rules for the purpose of such determination.
As I have indicated in treating an area as an irrigated area initially it has to be found that if this area is included in the notification made by the State Government for the purpose of Sec. 14K(d). If such a notification is made a raiyat is entitled to raise a dispute if the land within the prescribed area. If Such dispute is raised it has to be decided by the prescribed authority in accordance with rules 148.
In cases where a question arisen or will arise whether any area which has been notified is an irrigated area is really an irrigated area or not, The SLRO concerned (who was prescribed authority at that time) shall hold an enquiry under the provisions of Rule 14R(2) in respect of the affected mouzas and after hearing the raiyat Concerned shall give his decision recording the reason therefor as to the notification referred to herein.
