Thursday, July 30, 2009

BIHAR LAND TRIBUNAL


Bihar government is determined to ensure speedy disposal of land related disputes. To secure this objective, Bihar Land Tribunal would be set up. Bill to this effect was passed by Bihar Legislative Assembly on Wednesday, the 29th 2009. At present all cases related to land disputes ultimately reach to civil and High court. The land reforms legislations itself are immune to constitutional review because such legislations have been put under Schedule IX of Indian Constitution. This immunity however does not prevent High Court to try cases under the Land Reforms Laws. Over a period of time, such cases have piled up in High Court. At present 458 cases of Land Ceiling Act 1961 are pending in Patna High Court and 16 in Supreme Court. Similarly cases related to Bihar Land Reforms Act, 1950, Bihar Tenancy Act, 1885, Bihar Prevention of Fragmentation of Land Act, 1956, Bihar Bhoodan Act, 1954, Bihar Privileged Persons Homestead Tenancy Act, 1947 etc are pending in Supreme court also. Needless to say that like all other cases, these matters are also lying pending in High Court and Supreme Court for many years defeating the purpose of the Land reforms it self. The demand for setting up this Tribunal has been made on and often but due to one reason or the other this demand was not met. COSNTITUTION OF TRIBUNAL- there shall be one chairman and four members in this Tribunal. Chairman will either be the serving or retired High court Judge whereas; the members would be of the rank of district judge. One administrative member will be a retired IAS of Principal or secretary rank. All cases related to land disputes shall be transferred to it within specified period of time. It is being hoped in legal and administrative echelons that setting up of this tribunal would accelerate the pace of disposal of such cases, the pendency of which is bane to the land reforms measures.

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