VISHWANATH MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) A counter affidavit has been filed on behalf of the respondent no. 2, Principal Secretary, Water Resources Department, Government of Bihar, Patna, sworn by the Executive Engineer, Sone Canal Division, Khagaul, wherein the Rules being Bihar Canal Chat/Land Settlement Rules, 2016, have been annexed. That is not only a policy statement but now in the form of statutory Rule for the purposes of settlement of chat lands. This Court is not called upon to determine the validity or otherwise of the said Rules. This Court is, thus, not going into the said controversy. Court would only notice that there appears to be a typing mistake in Rule 4(1) of the Rules, which needs to be corrected.

(2.) In our view, Rule 4(1) means that, a person would not be entitled to get the settlement renewed for a further period of three years. This can only happen if there are no other eligible persons claiming settlement. If, there are any other eligible persons, then renewal is not permissible.

(3.) So far as this appeal is concerned, in view of these Rules, we do not consider it proper to proceed further in the matter. It would be open to the appellant to apply to the authorities for settlement under the new Rules, who would deal with it in accordance with law expeditiously. Steps for settlement have to be taken expeditiously as the settlement start from 1st of April. We may clarify to avoid any further litigation that any past settlee who has sown and have standing the crops would be allowed to harvest the same. Steps must be taken to finalise the settlement well before 1st of April, 2016.