1996 Supreme(SC) 864

1996(5) Supreme 81
SUPREME COURT OF INDIA
K. Ramaswamy, S.P. Bharucha & K.S. Paripoornan, JJ.
Mosammat Bibi Sayeeda & Ors. etc. -Appellants
versus
State of Bihar & Ors. etc. -Respondents
Civil Appeal No. 5047 of 1996
with
Civil Appeal Nos. 5048, 5046 of 1984 & 332 of 1985
and
Civil Appeal No. 7547 of 1996
(Arising out of SLP (C) No. 7495 of 1985)
All Decided on 25-4-1996

Headnote:Constitution of India-Articles 133(1) and 134-A-Bihar Land Reforms Act 30 of 1950-Section 4(a)-Word Bazar -Meaning of- Tilak Babu Hatia in Bhagalpur, Hasan Bazar in Piro, Gudari Katra Bazar in Arrah and Patna Market in Patna-Appellants claim that shops are homestead within the meaning of Section 2(j)-Full Bench held that by operation of notifications under Sections 3, 3A and 3B, bazars stand vested in State-Appeals-Whether bazars governed by provisions of Act stand vested in State under Section 4(a)?-(Yes)-Meaning of word holding under Section 7A-Whether hats or bazars are synonymous of market.

       Held : That on and with effect from the date of the publication of the notification under Section 3, the totality of the right, title and interest held by an intermediary stands abolished. The consequences thereof, as enumerated in Section 4(a), is extinguishment of the pre-existing right, title and interest over the entire estate including the enumerated items in Section 4(a) which include hats and bazars in the State and the pre-existing right, title and interest held by the intermediary/tenure-holder stood divested. (Para 18)

       Further held : That the word "hold" used in Section 7A would mean that the intermediary must hold, as owner under a title and in occupation of the land or the building in which the hats are conducted or bazars are situated in his own right as owner or by virtue of the authority or settlement. It is not conducting hats, bazars or melas as contended for the appellants. In the light of the conjoint operation of Sections 3 and 4(a) and in contra-distinction of the remainder rights of the intermediary/tenure-holder preserved under Sections 5 to 7, the conclusion becomes inevitable that the hats or bazars held by the intermediary vested under Section 3 in the State and the intermediary/tenure-holder stood divested of them and the pre-exitsting right, title and interest therein ceased. Even if we were to find that the word "hold" used in Section 7A means "conduct", it would make no difference. If the intermediary has conducted a hat or bazar upon land which vests in the State within the stated period, the right to conduct the hat or bazar also vests in the State. (Para 20)

       In order to constitute bazar all that is necessary is a place where buyers and sellers congregate to sell and buy. It will be difficult to accept that the complexes are not Bazars within the meaning of Section 4(a) of the Bihar Land Reforms Act. They, being bazars of a proprietor or ex-intermediary, must be held to have vested consequent upon issuance of the notifications under Section 3 of the Act". Referring to Patna market, the learned Judges pointed out that there are rows and rows of shops and nothing but shops. There can, therefore, be no difficutly in holding that Patna market is Bazar. In fact, it is the most important marketing centre in this town of Patna." Similarly, in respect of "complex of shops at Bhagalpur market". It was stated that it is famous as `Tilak Babu Hatia . A Hatia is nothing but a Bazar. It is another matter that there is a restaurant too in that row of shops, but that does not and cannot conceal the essential character of the complex. Regarding Hassan Bazar in Piro village, it was pointed out that the entire complex consists of 180 shops, some of which are brick-built and some are kacha. It is not the petitioners case that the buildings are Golas." Similarly, in respect of shops in Arrah, it is pointed out that it "is famous as Gudari Katra Bazar". The names in each case are rather suggestive of their essential character. Thus the learned Judges having had the personal knowledge of the existing local conditions in the aforesaid bazars reached the conclusion that "they are markets and known as bazars" and that, therefore, "they are not homesteads". (Para 22)

       As regards Patna market, it is sought to be pointed out that at one time it was homestead but the High Court has pointed out that long prior to the vesting, the intermediary himself demolished the building homestead and constructed the bazar in 1947. The High Court has pointed out that it is the most important market in Patna city. It is also pointed out by the learned counsel for the State and was not disputed across the bar by the counsel for appellants, that the appellants are maintaining the markets at their own expenses; collecting the fee or rent, as the case may be, and they are responsible for maintenance of sanitary conditions therein. In other words, they are regular centres of buying and selling and regular commercial activities are going on and that, therefore, they do constitute bazar as market as understood in English language. It is true that there is a distinction between urban area and rural area. The Act, as pointed out earlier, does not make any distinction between the urban area or the rural area but intends transference of the entire totality of the right, title and interest in the estate held by the intermediary or tenure-holder, be they situate in rural or urban areas or in both and stand vested in the State on publication of the notification under Section 3 or Sections 3A and 3B. (Para 23)

       Then held : It would, therefore, be clear that bazars held by intermediaries/tenure-holders are markets and the lands over which the buildings or structures - erected or standing-as bazars are part of the bazars. The bazars held by the intermediary/tenure holders in Touzi numbers, though situated in rural or urban areas, stand vested under Section 4(a) read with Sections 3 and 7A of the Act. (Para 26)