Supreme Court of India

STATE OF BIHAR AND ORS.versusMAHANTH BALRAM DAS

Citation: 1996 INSC 567
Decided: 22 April 1996
Disposal: Appeal(s) allowed
Bench: K RAMASWAMY

Holding

Sections 32‑A and 32‑B of the 1982 amendment cause abatement of all pending or final proceedings under the Bihar Land Reforms Act, requiring the Collector to start fresh proceedings under Section 10.

Summary

The appeal concerned proceedings initiated under Section 10 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The question was whether the 1982 amendment, specifically Sections 32‑A and 32‑B, caused abatement of matters that had become final or were pending, thereby obliging the Collector to prepare a fresh draft statement and restart the process. The Court held that the amendment expressly abates all pending or final appeals, revisions, reviews or references, and mandates fresh proceedings under Sections 10 and 11. Consequently, the High Court’s earlier view was reversed. The appeal was allowed, the High Court order set aside, and the Collector was directed to commence fresh proceedings without any costs awarded.

Issues considered

Whether Section 32‑A of the Bihar Land Reforms (Amendment) Act, 1982 abates pending or final proceedings under the original Act.
Whether the Collector must prepare a new draft statement under Section 10 after the amendment.
Whether earlier final orders under Sections 10/11 become ineffective due to the amendment.

Legislation cited

Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961s. 10, s. 11, s. 6, s. 7, s. 8, s. 9
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982s. 32-A, s. 32-B

Subjects

Land reformCeiling areaSurplus landAbatementAmendment ActDraft statementSection 10Section 32-ASection 32-BBihar

Judgment

A                         STATE OF BIHAR AND ORS.
                                         v.
                             MAHANTH BALRAM DAS

                                  APRIL 22, 1996

B               [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]

          Bi/tar Land Refonns (Fixation of Ceiling Area and Acquisition of
    Swplus Land) Act, 1961/Amendment Act, 1982: Sections 6, 7, 8, 9, 10, 11,
    32-A, 32-B-Held, inspite of any matter having become final or pending, it
C   stands abated-Consequently the Collector has to prepare the draft statement
    required under S.10 afresh and get it published inviting objections from
    landlord and then proceed under sub-section (3) of S.10.

            CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7768 of
    1996.
D
         From the Judgment and Order dated 15.12.92 of the Patna High
    Court in C.WJ.C. No. 8237 of 1992.

            B.P. Singh for the Appellants.

E           A. Sharan for the Respondent.

            The following Order of the Court was delivered :

            Leave granted.

F           We have heard learned counsel for both the parties.

        Proceedings were initiated under Section 10 of the Bihar Land
  Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act,
  1961 (Bihar Act XII of 1962) (for short, the 'Act'). The notification under
  Section 10(1) of the Act is required to be prepared by Collector on the
G basis of the information obtained by the Collector regarding the land held
  under Section 6, 8 and 9 or information had by the Collector under Section
  7. The Collector shall cause a draft statement to be prepared issuing the
  particulars enumerated thereunder. The draft statement shall be published
  in the official Gazette of the district and such other place enumerated
H under rules. Objections received therein under sub-Section (3) are re-
                                      632
                          STATE v. M.B. DAS                           633

quired to be disposed of. Under Section 11, he has to make the final A
publication of the draft statement in the manner prescribed thereunder.
Against the final statement, an appeal, revision or review etc. has been
provided in the Act. In 1982, the Bihar Land Reforms (Fixation of Ceiling
Arca and· Acquisition of Surplus Land) (Amendment) Act was made.
Under Section 32-A, the pending appeals, revision, review or reference
other than those arising out of orders passed under Section 8 or sub-section
                                                                             B
(3) or sub-section (16) pending before any authority shall abate. Upon
amendment, under the proviso thereunder, the Collector shall proceed
with the case afresh in accordance with the provisions of Section 10.
Similarly, Section 32-B also envisages fresh proceedings contemplated by
Section 11 of the Act. It would thus be clear that, in spite of any matter C
having become final or matter pending by operation of Section 32-A and
32-B, all the proceedings stand abated. Consequently, the Collector has to
prepare the draft statement required under section 10 afresh and get it
published as per law inviting objections from the land-holders and then
proceed under sub- section (3) of Section 10. In view of this admitted legal D
position, the view taken by the High Court in C.W.J.C. No. 8237/92 dated
December 15, 1992 is not correct in Jaw.

      The appeal is accordingly allowed. The order of the High Court is
set aside. It would be open to the Collector to take action afresh in
accordance with Section 10 and proceed with the matter according to law.    E
No costs.

G.N.                                                     Appeal allowed.

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Land reform"Sign in to search