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of <h1>Supreme Court: Tanks Considered 'Land' under Bihar Land Reforms Act</h1> The Supreme Court held that tanks fall within the definition of 'land' under the Bihar Land Reforms Act, as applicable in Jharkhand. The Court emphasized ... - Issues Involved:1. Whether a tank falls within the definition of 'land' u/s 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.2. Interpretation of the term 'land' as defined in the Act.3. Applicability of amendments to the Act in the State of Jharkhand.4. Role of the object of the Act in interpreting its provisions.Summary:1. Definition of 'Land' u/s 2(f) of the Act:The primary issue is whether a tank falls within the definition of 'land' u/s 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, as applicable in Jharkhand. The Act defines 'land' to include various categories, including 'even land perennially submerged under water.'2. Appellant's Contention:The appellant, a land-holder, argued that tanks should not be considered 'land' as they are not used or capable of being used for agriculture or horticulture. They contended that the definition of 'land' should only include land used or capable of being used for agriculture or horticulture, and tanks, being water bodies, do not fit this definition.3. Previous Judgments and Legislative Intent:The appellant's objections were rejected by the Addl. Collector, the appellate authority, and the Board of Revenue. The Patna High Court and its Division Bench also upheld these decisions, interpreting the legislative intent to include tanks within the definition of 'land' by including 'even land perennially submerged under water.'4. Interpretation of 'Land':The Supreme Court emphasized that the definition of 'land' in the Act includes 'even land perennially submerged under water.' The Court noted that the term 'land' in the Act is specifically defined to include various categories, and the word 'includes' is used to enlarge the meaning of 'land.' Therefore, tanks, which are perennially submerged under water, fall within this definition.5. Applicability of Amendments:The Court clarified that the amendment to the Act in Bihar, substituting 'even land' with 'also the land,' does not apply to Jharkhand, as Jharkhand has not made such an amendment. The Court also noted that the word 'even' was intended to mean 'level surface' rather than 'also.'6. Object of the Act:The Court acknowledged that the object of the Act is to take over surplus land from large land-holders and distribute it among the landless. However, it emphasized that this object does not restrict the definition of 'land' to only those lands that can be distributed for agricultural or horticultural purposes. The clear and specific words used in the statute cannot be ignored.7. Conclusion:The Supreme Court concluded that tanks meant to provide water for agricultural/horticultural purposes are 'land' for the purposes of the Act. The appeal was dismissed, affirming the orders of the learned Single Judge and the Division Bench.
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