IMPORTANT POINT
Land situated in urban area meant for building purposes shall not be deemed to be land within the meaning of Section 2(f) of the Bihar Land reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act.

ORDER

This appeal has been filed for setting aside the judgment of the High Court, dismissing the application under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) filed on behalf of the appellants, claiming retransfer of the lands which had been transferred by respondent No. 5 in favour of respondent No. 7 through the registered sale deed dated 30.12.1969. The respondent No. 7 by the aforesaid sale deed purchased 5 Kathas of land of survey plot No. 610 and 6 Kathas 10 Dhurs of land of survey plot No. 614 from respondent No. 5 for Consideration amount of Rs. 4,600/-. The purchased had been made for construction of house in Mohalla Sahjadpur Aderkila within the town of Hajipur.

2. An application under sub-section (3) of Section 16 of the Act was filed on behalf of the appellants before the Deputy Collector, Land Reforms, for a direction that respondent No. 7, the transferee be directed to convey the lands purchased by him by executing and registering a deed of transfer in favour of the appellants in terms of the said sub-section (3) of Section 16. That application was dismissed by the Deputy Collector, Land Reforms, on the ground that the lands which had been transferred shall not be deemed to be the lands within the meaning of the Act, as such the provisions thereof shall not be applicable. However, an appeal being filed on behalf of the appellants, was allowed by the Collector. The Member, Board of Revenue dismissed the Revision Application, filed on behalf of Respondent No. 7. Thereafter, a writ petition was filed on behalf of Respondent No. 7, for quashing the orders passed by the Collector and the Member, Board of Revenue before the High Court. The High Court by the impugned judgment quashed the orders passed by the Collector and the Member, Board of Revenue, on a finding that as the lands which had been transferred were within the town of Hajipur and were urban in nature, the provisions of the Act shall not be applicable including sub-section (3) of Section 16 thereof. This finding of the High Court is being questioned in this appeal.

3. The preamble of the Act says that it is an Act to provide for fixation of ceiling, restriction on sub-letting and resumption by certain raiyats, for personal cultivation of land, acquisition of status of raiyat by certain under raiyats and acquisition of surplus land by the State in the State of Bihar and matters connected therewith. Section 2(f) defines land:

"(f) "land" means land which is used or capable of being used for agriculture or horticulture and includes land which is an orchard Kharhur or pasturage (or forest land or even land perennially submerged under water) or the homestead of a land-holder;

Explanation I.-"Homestead" means a dwelling house for the purpose of living or for the purpose of letting out on rent together with any courtyard, compound, attached garden, orchard and out-building and includes any outbuilding for the purpose connected with agriculture or horticulture and any tank, library and place of worship appertaining to such dwelling house.

Explanation II.-Land perennially submerged under water shall not include land submerged in the bed of a river."

Section 2(g) defines land holder :

"(g) land holder means a family as defined in clause (ee) holding land as raiyat or as under-raiyat or a mortgagee of land in possession or holding land permanently settled by Government or lessee of land not resumable by Government."

On a plain reading of the definition of land it means which is used or capable of being used for agricultures or horticulture or for the homestead of a land-holder. Explanation I, specifies what is meant by homestead which shall include dwelling house for the purpose of living or for the purpose of letting out on rent together with courtyard, compound, attached garden, orchard and includes any outbuilding for