JUDGMENT

R.V. Raveendran, J.—

1. Leave granted. Heard parties.

2. This appeal by special leave raises the question whether a tank will fall within the definition of “land” under section 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 as applicable in the State of Jharkhand (‘Act’ for short), extracted below :

“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 out-building 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 submerged in the bed of a river.”

2. The appellant is a land-holder. Proceedings were initiated in the year 1973 for determination of the surplus l