The gift was void due to lack of sanction under Sec. 5 and in violation of Sec. 32 of the Act.

Sachchidanand Jha, J.

1. The dispute in this Letters Patent Appeal relates to the validity of a gift in the context of Sec. 5 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (in short the Consolidation Act). The dispute has arisen out of orders passed in a proceeding relating to preparation of register of land under Sec. 10 (2) of the Consolidation Act. The appellants had succeeded before the original authority i.e. the Consolidation Officer but lost before the appellate and revisional authorities. He approached this Court for setting aside those orders in the connected case i.e. C.W.J.C. No. 607 of 1985 but without success.

2. From the order of the learned Single Judge it appears that the only point urged before him was that as the notification under Sec. 3 of the Consolidation Act had been rescinded by the State Government with respect to area comprising Improvement Trust or Blocks the question of obtaining sanction under Sec. 5 of the Act did not arise. The learned Judge noticed the notification referred to in support of the contention and observed that perusal of the notification merely shows that the areas falling under the Improvement Trust or the Blocks stand deleted from the notification under Sec. 3 but there is no averment in the writ petition nor was there any material on record to show that the land in question was situated in the area falling under the Improvement Trust or Blocks and, therefore, the appellate or revisional authorities did not commit any error in holding that for want of sanction under Sec. 5 of the Act, the gift was void.

3. Before us a different point was canvassed on behalf of the appellants. It was submitted that amended Sec. 5 of the Act was made retrospective by Act 35 of 1982 and, therefore, the gift was not hit by the bar contained in that section. The submission is wholly misconceived.

4. In order to appreciate the point it would be appropriate to first notice Sec. 5 as it originally stood as under:

5. Land not to be transferred without sanction.--During the period commencing, from the date of the publication of f 3 notification under Sec. 3 to the date when the scheme of consolidation comes into operation in any notified area, no person shall transfer or partition any land in such area except with the previous sanction of the Consolidation Officer and, if the sanction is granted, the transfer or partition, as the case may be, shall be, subject to the rights and liabilities attached to the land under the scheme of Consolidation in respect of such area.

The Section was amended by Act 27 of 1975 as under:

After the date of publication of preparation of register of lands and statement of principles under Sub-sec. (1) of Sec. 10 no person shall transfer any land in the notified area by way of sale, gift, exchange, or partition without the previous sanction of the Consolidation Officer and if the sanction is granted, such transfer or partition, as the case may be, shall be, subject to the right and liabilities attached to the land under the scheme of consolidation prepared with respect to that area.

In 1982, by Act 35 of the 1982, the provision was given retrospective effect by inserting Sub-sec. (1) of Section (2). The existing Section was numbered as Sub-section (1). Sub-sec. (2) as inserted runs as under:

The provision of Sub-sec. (1) shall take effect from the date the notification under Sub-sec. (1) of Sec. 3 has been issued.

5. From a conjoint reading of Sec. 5 as it originally stood and as it stood after 1975 amendment it would be clear that the mischief of Sec. 5 which got attracted upon the issuance of notification under Sec. 3, was made effective from the date of publication of the register of lands and the statement of principles under Sec. 10 (1) of the Act. This, however, gave rise to an anomalous situation. Whereas the transfers made after the date of notification under Sec. 3 but before the date of publication of the register of lands etc.