NARAYAN, J.

1. These are applications filed under Art. 226, Constitution of India, and they all raise questions regarding the construction, interpretation and validity of Bihar Act 31 of 1950, called the Bihar Land Encroachment Act, as amended by Bihar Act 28 of 1951 and Bihar Act 25 of 1952. The principal Act (Act 31 of 1950) received the assent of the Governor on 28-9-1950 but it did not receive the assent of the President. The two amending Acts, however, have been assented to by the President. The preamble to the main Act runs as follows:

"Whereas it is expedient to make better provisions for removal and prevention of encroachments on lands which are public property."

2. As the Act with its amendments has been attacked on various grounds, I think I must give in this judgment a brief outline indicating the scheme of the Act. Sec.2(ii) explains what is meant by the expression "public property" as used in this Act. It means (a) land acquired under the provisions of the Land Acquisition Act, (b) land belonging to Government within a cantonment, (c) land recorded or surveyed as belonging to Government or any local authority or a. Railway Company which is used for any public purpose, such as a road, canal or embankment, or which is required for repair or maintenance of such road, canal, or embankment, while such land continues to be so used or required, (d) land recorded for the use of the community in therecord-of-rights prepared under the various tenancy laws in force in the State of Bihar, such as gairmazrua-am, gochar, cremation ground, graveyard, tank, pyne, bandh, ahar, road, pathway, (e) land in possession of Government or any local authority or a Railway Company obtained by way of transfer or otherwise. Sec.2 (ii) was formerly in these terms: "Subject to the provisions of any law for the time being in force" as indicated in (a), (b), (c), (d) and (e). But, by the amendment made in the year 1951, the words "subject to the provisions of any law for the time being in force" were deleted, and after (e) another clause, called Cl. (f), was inserted. Clause (f) is in these terms: "land over which the public or the community have got any right of easement." Sec.3 of the Act lays down that any person who unauthorisedly occupies any land which is public property shall be liable to pay, for the whole period of occupation a certain amount of compensation, and there are three important provisos attached to this section. The first proviso says that no assessment shall be made in respect of any period of occupation for more than twelve years before the commencement of the Act; the second proviso says that nothing in this section shall apply to any land which is public property as defined in Cl. (ii) (d) of S. 2; and the third proviso says that, notwithstanding anything contained in any law for the time being in force, payment of assessment under this section shall not confer any right of occupancy. The word used in this section is "assessment" and not "compensation", but certainly the intention is to realise a certain amount of compensation for the period of occupation. Section 4 says that any person liable to pay assessment under S. 3 shall be liable at the discretion of the Collector to pay in addition to the assessment, by way of penalty, a sum not exceeding ten times of the assessment. And the proviso attached to this section says that no penalty shall ordinarily be imposed in respect of unauthorised occupation of such land for any period not exceeding one year. Sec. 5 contains two subsections. The first sub-section says that any person who unauthorisedy occupies any land which is public property may be summarily evicted by the Collector and that any crop or other produce raised on the land and any building erected or anything deposited thereon shall be liable to forfeiture. Sub-section (2) says that before eviction under this section, the Collector shall serve a notice, as provided in S. 6, on the person reported to be in o