The definition of land under Section 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 is exhaustive and includes even land perennially submerged under water.

S.B.SINHA, J.

1. Whether a Tank is land"within the meaning of Sec. 2(f) of the Bihar Land Reforms (Fixation of CeilingArea and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the said Act) is the Principal question involved in this application.

2. The petitioner is a land-holder. It filed a return alleging that it is in possession of 443.90 acres of land.

3. A draft publication was made whereafter an objection was filed by the petitioner under Sec. 10(2) of the said Act on 9-7-1975 inter alia alleging therein that certain tanks-and ridges have wrongly been included in the said draft publication.

4. By an order dated 9-10-1982 passed in Ceiling case No. 250 of 1973, the Additional Collector held that the tanks in question come within the purview of the definition of land. In terms of the said finding a notification under Sec. 11 of the Act was issued. A Gazette notification dated 16-3-1983 thereafter was published in terms of the provisions of Sub-sec. (1) of Sec. 15 of the Act.

5. The petitioner preferred an appeal against the said order which was dismissed. A revision application filed by the petitioner was also dismissed.

6. Mr. K, D. Chatterjee, learned counsel appearing on behalf of the petitioner has raised a short question in support of this application.

7. The learned counsel submitted that from the definition of the land as contained in Sec. 2(f) of the Act. It would appear that only even land"perinnially submerged under water"only comes within the purview thereof. In other words the submission of Mr. Chatterjee is that the lands perennially submerged under water which is even only would come within the purview of Sec. 2(f) of the Act.

8. Sec. 2(f) of the Act reads thus:-

"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 homestead of a land-holder.".

9. It is now well know that where the legislature in defining a word uses both the words means"and includes"the same is exhaustive.

10. Within the aforementioned inclusive definition of the land, is Orchard, Kharchur, Pasturage or Forest land, and even land perennially submerged under water or the homestead of a land-holder.

11. The word even"thus was not used as an objective to the word land but is used for laying down emphasis to the word land"so as to convey the meaning of also.

12. Evenness of land perennially submerged under water, in my opinion, has no relevance at all in the context of the interpretation of the word land"or the object or purport of the Act. Even a hilly, rocky, sandy or forest lands come within the purview of Sec. 2(f) of the Act.

13. A Forest land, an orchard and Kharhur, pasturage forest land as also submerged under water or homestead of a land-holder may not be used or capable of being used for agriculture and horticulture purposes, but even such land have been brought within the purview of the definition of the land"which clearly bear out the intention of the legislature to bring more types of lands within the purview of the interpretation clause contained in Sec. 2(f) of the Act.

14. Sec. 2(f) of the Act was amended by Act No. 55 of 1982. By reason of the said Amending Act itself even hilly, sandy or forest land, even land perennially sub-merged under water or other kind of land none of which yield paddy crops have been brought within the purview of Sec. 4 of the said Act by inserting clause (f) therein.

15. Hilly lands or sandy lands for instance are not arable lands but still the same have been included in the definition of the land.. It is in that context only the word "even land" has been used so as to lay emphasis on the expanded meaning of the land perennially submerged under water.

16. In the connection, it must be noticed that explanation appended to Sec. 2(f) of the said Act provides that the land perennially submerged under water does not include