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 p