LexK.N. FARMS INDUSTRIES (PVT.) LTD. versus STATE OF BIHAR & QRS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2009] 10 S.C.R. 415 -i K.N. FARMS INDUSTRIES (PVT.) LTD. A ..... v . STATE OF BIHAR & QRS. (Civil Appeal No. 4154 of 2009) JULY 7, 2009 B [R.V. RAVEENDRAN AND J.M. PANCHAL, JJ.] Bihar Land R(!forms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 - s.2(f) - Land - Definition of - Tanks if fall within the definition of land uls.2(f) c - Held: Tanks meant to provide water for agricultural! - horticultural purposes is 'land' for purposes of the Act - In view of the clear and specific words used in the definition of 'land', " the land perennially covered with water, which includes tanks, ~ cannot be excluded from the definition of land - In State of D Bihar!Jharkhand, land peren,iially submerged under water, except riverbeds or ravines filled with water, is land. The question which arose for consideration in this appeal was whether a tank will fall within the definition E of 'land' under section 2(f) of the Bihar Land Reforms (fixation of Ceiling Area and Acquisition of Surplus Land) .. Act, 1961 as applicable in the State of Jharkhand . ... Dismissing the appeal, the Court F HElD: 1. Having regard to the clear and specific words used in the definition of 'land' in the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, it is not possible to exclude land perennially covered with water, which includes tanks, G ·-. from the definition of land. Therefore, tanks meant to - ~ provide water for agricultural/horticultural purposes is 'land' for purposes of the Act. There is no error in the orders of the Single Judge of High Court as affirmed by - 415 H 416 SUPREME COURT REPORTS [2009) 10 S.C.R. A the Division Bench of High Court. (Para 14] [428-B-C] ... 2.1. When a particular word Is defined in an Act with ·- reference to its ordinary and normal meaning, and then includes certain additional 'meaning' which would not B normally follow but for the specific inclusion, it is not possible to contend that that the extended meaning is contrary to the general or normal meaning and therefore it should be ignored. [Para 6] [423-C-D] Principles of Statutory Interpretation by Justice G.P. Singh c 11th (2008) Edition pp 174-181, referred to. 2.2. One of the objects of the Act is to take over surplus land from large land-holders, and distribute such - excess land among landless. But it does not follow D therefrom that only land that could be distributed among .. ~ landless for agricultural/horticultural purposes, can be considered as 'land' and not other lands. The courts while interpreting the provisions of any Act should adopt an object oriented approach keeping in mind the principle E that legislative futility is to be avoided so long as interpretative possibility permits. But at the same time, the courts will have to keep in mind that the object oriented approach, cannot be carried to the extent of } doing violence to the plain language used in the statute ... F by re-writing the words of a statute in place of the actual words used, or by ignoring definite words used in the statue. The clear and specific words used cannot be ignored. [Paras 9 and 10) [425-C-F] Commissioner of Income Tax v. Budhraja and Company G 1994 Supp. (1) SCC 208, referred to. ~ T Principles of Statutory Interpretation by Justice G.P. -- Singh's 11th Edition, p 116-117 - referred to. 2.3. The definition of "land" includes homestead of H - ' - K.N. FARMS INDUSTRIES (PVT.) LTD. v. STATE OF 417 BIHAR & ORS. the land-holder. Explanation (I) to s.2(f) defines A "homestead" as including any tank appurtenant to the dwelling house. If a tank appurtenant to the dwelling house is land, it follows that any tank appurtenant to agricultural/horticultural land used to irrigate or water such agricultural/horticultural land, will also be land. B When tank is specifically referred to as land in explanation-I to the definition of 'land' in s.2(f), it is not possible to accept the contention that no tank can be land. [Para 12] (427-A-C] 2.4. Explanation (II) to the definition of 'lahd' states c that "land perennially submerged under water" shall not include "submerged in the bed of a river". This clearly implies that in the State of Bihar/Jharkhand, all land perennially submerged under water, except riverbeds, is D land. The apparent legislative intention is that not only the land actually used for agriculture or horticult
Excerpt shown. Read the full judgment & AI analysis in Lexace.