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Civil Property & InheritanceSupreme Court of India

The State of West Bengal & Ors. v. Jai Hind Pvt. Ltd.

Civil Appeal · 2026 INSC 132Decided 6 Feb 2026
C.A. No.-007407-007407 - 2012
Justice M.M. Sundresh · Justice Nongmeikapam Kotiswar Singh

Background

Jai Hind Pvt. Ltd. owned agricultural land in West Bengal and, after the state's estate-acquisition law came into force, claimed the right to retain roughly 239.71 acres as a farming company under Section 6(1)(j) of the WBEA Act, 1953. In 1971, the Revenue Officer denied a large part of this claim in a vesting order that attained finality after litigation. Decades later, in 2008, a different Revenue Officer "reviewed" that 1971 order (acting on a government directive) and allowed the company to retain about 211.21 acres, vesting only about 28.5 acres in the State: a reversal the West Bengal Land Reforms Tribunal quashed as being made without jurisdiction, but which the Calcutta High Court then restored in the company's favour, prompting the State's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the WBEA Act, 1953 nowhere confers a power of substantive review on the Revenue Officer, and a government order approved at the ministerial level cannot itself create such jurisdiction where the statute does not: an executive direction cannot be conflated with a statutory conferment of power. Since the 2008 review order was passed without jurisdiction, it was void ab initio and a "nullity" that could be challenged at any stage, per settled authority such as Kiran Singh v. Chaman Paswan and Balvant N. Viswamitra v. Yadav Sadashiv Mule. The Court also rejected the company's argument that the State's failure to take physical possession or pay compensation should affect the land's vested status, since the 1971 vesting order had already attained finality. The Court held the High Court erred in reversing the Tribunal and restored the Tribunal's order quashing the 2008 review, so the original 1971 vesting order continues to operate.

Lesson Learnt

A government authority cannot exercise a power of "review" over its own final decisions unless a statute expressly (or by necessary implication) grants that power: an administrative or ministerial directive cannot substitute for statutory authority, and any order passed without jurisdiction is a nullity that can be challenged even decades later.

The State of West Bengal & Ors. v. Jai Hind Pvt. Ltd. – Legal Case Shots | LegalAware