Bihar to set up Land Tribunal

The Bihar government is determined to ensure speedy disposal of land related disputes. To secure this objective, a Bihar Land Tribunal would be set up. A bill to this effect was passed by the Bihar Legislative Assembly on Wednesday, July 29. At present, all cases related to land disputes ultimately reach the civil and high court. Land reform legislations are immune to constitutional review because such legislations have been put under Schedule IX of the Indian Constitution. This immunity however, does not prevent the High Court from trying cases under the Land Reforms Laws.

Over a period of time, such cases have piled up in the High Court. At present, 458 cases under the Land Ceiling Act 1961 are pending in the Patna High Court and 16 in the Supreme Court.

Similarly, cases relating to the 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, are pending before the Supreme Court. Needless to say, this delay defeats the very purpose of the land reforms. The demand for setting up this tribunal has been made earlier, but it had not been realised due to some reason or the other.

The tribunal will consist of one chairman and four members. The chairman will either be a serving or a 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 a specified period of time. It is being hoped that the setting up of this tribunal would accelerate the pace of disposal of such cases, the pendency of which is a bane to land reforms measures.link