West Bengal Land Reforms Act, 1955 – Section 14, Section 14(o), Section 14K(d), Section 14N, Section 14T
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 Of5cial 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.
14N. An Order passed u/s 14N is also subject to appear u/s 14(o). It will further appear from notification No. 595(15) GE dated 12..1,73 that the State Government directed the manner in which a dispute if raised u/s 14N has to be determined. Paragraph 4 of the said notification states that in some case it has been found that some areas within certain police station which have been notified as irrigated area do not get water from the Government Canals or state power driven tubewell. In such cases or in any other case 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.
It is, therefore, clear that the State Govt., itself admitted that even if it’ has notified some areas to be irrigated some part of the same in fact may not be irrigated. it has directed the Revenue Officer to deal with such cases to determine the question in terms of Rule 148 of the West Bengal Land Reforms Rules. Accordingly I find no justification on the part of the Revenue Officer as well as the appellate authority to rely solely on the notification in determining whether the lands in mouza Sathkahania is in irrigated area. This question has to be decided by the Rev. Officer in terms of Rule 148. His decision will be a decision under Sec. 14N as it present Rev. Officer u/s 14T is competent to act as a prescribed authority u/s 14N. Such an order is an appealable order u/s 14(O).
Source: RABEA KHATOON  Vs. STATE OF WEST BENGAL AND .ORS. [ (1987) 1 CALLT 635 : (1987) CALLT 635 CALCUTTA HIGH COURT SINGLE BENCH ]