RAMJI SHARMA @ RAMJI BABU (DEAD) BY LRS. versus THE STATE OF BIHAR AND ORS.

RAMJI SHARMA @ RAMJI BABU (DEAD) BY LRS. versus THE STATE OF BIHAR AND ORS.

Urban lands not used or capable of being used for agriculture or horticulture, and meant for building purposes, are not 'land' within the meaning of Section 2(f) of the Act, so Section 16(3) does not apply. Authorities and courts must ascertain the primary object and use of the land before entertaining applications under Section 16(3).

Parties
Appellant: Ramji Sharma @ Ramji Babu (Dead) by LRs.; Respondents: The State of Bihar and Ors.
Jurisdiction
India
Judgment Date
19 September 1996
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order of the Patna High Court Dated 15.9.1980 in LPA No. 103 of 1980
Outcome
Appeal dismissed.
Legal Topics
Land Ceiling, Urban Vs. Agricultural Land, Acquisition of Surplus Land, Retrospective Transfer Applications
Property Law Land Ceiling Urban Vs. Agricultural Land Acquisition of Surplus Land Retrospective Transfer Applications

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Parties

Ramji Sharma @ Ramji Babu (Dead) by LRs.

Appellant

The State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order of the Patna High Court Dated 15.9.1980 in LPA No. 103 of 1980

Legal Issues

  1. 1 Whether land situated in an urban area and meant for building purposes falls under the definition of 'land' under Section 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, thereby attracting the provisions of Section 16(3) of the Act.

Ratio Decidendi

Urban lands not used or capable of being used for agriculture or horticulture, and meant for building purposes, are not 'land' within the meaning of Section 2(f) of the Act, so Section 16(3) does not apply. Authorities and courts must ascertain the primary object and use of the land before entertaining applications under Section 16(3).

Court Disposition

Appeal dismissed.

Orders

  • The appellant is permitted to withdraw the amount deposited in connection with the application under Section 16(3) of the Act.
  • Refund to be made within three months from the date of filing of the application by the appellant.