SM CHHAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these cases, which have been heard together, a common question of law arises for determination, namely, whether the provisions of Bihar Act 30 of 1951 are constitutionally valid and operative.

(2.) In order to appreciate the question raised, it is necessary to set out the relevant sections of the statute. The title of the Act is "The Kosi Area (Restoration of Lands to Raiyats) Act, 1951". The Act begins with the following preamble:

(3.) Section 1(2) of the Act provides that the Act Section 1(2) of the Act provides that the Act ''shall extend to such areas o f the districts of Bhagal-pur, Monghyr, Purnea and Darbhanga as may be notified, from time to time, by the State Government". Section 2 contains a number of definitions. Section 3 is important and must be set out in full: