RAM BADAN RAI AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1998] SUPP. 2 S.C.R. 583 · Decided: 09-11-1998 · Supreme Court of India · Bench: S.B. MAJMUDAR · Disposal: Dismissed

Judgment (excerpt)

A 
RAM BADAN RAI AND ORS. 
v. 
UNION OF INDIA AND ORS. 
NOVEMBER 9, 1998 
B 
[S.B. MAJMUDAR AND M. JAGANNADHA RAO, JJ.] 
Constitution of India, 1950 : 
Articles 1(2), 3 and 4-Alteration of State boundaries-Powers of C 
Parliament-Lands on the border of Bihar and Uttar Pradesh-Transfer of-
Challenge on the ground that lands stood frozen as on 26.1.1950--Va/idity 
of-Held, lands were not frozen as on 26.1.1950--Par/iament has sweeping 
powers to alter the boundaries of any State-Bihar and Uttar Pradesh 
(Alteration of Boundaries) Act, 1968. 
. 
D 
Article 226---Writ jurisdiction-Scope and extent of-Alteration of 
boundaries-Transfer of land from one State to another-Disputes regarding 
title of possession, existence of disputed villages etc.-High Court holding 
that the said disputes cannot be decided in writ jurisdiction without adducing 
oral and documentary evidence-Validity of-Held, High Court justified in 
not deciding the issue. 
Bihar and Uttar Pradesh (Alteration of boundaries) Act, 1968 : 
E 
ss. 2, 3(l)(b)(ii), 3, 4 and 5-Alteration of boundaries-Transfer of 
lands from one State to another-Minutes of the meeting between the 
representatives of two States-Directions by Board of Revenue to prepare F 
records and maps-Notification to place the disputed village under survey 
and record operation-Held, within the jurisdiction of the authority and does 
not amount to final ac(judication of the matter. 
s.26---Territorial extent of law-Alteration of boundaries-Transfer of 
lands from one State to another-Laws in force in transferor State-
Applicability of-Held, even after transfer of lands, laws in force in transferor G 
State shall continue to apply till the laws of transferee State are extended to 
the areas so transferred. 
Deep stream of the river Ganga formed the boundary between certain 
districts in Bihar and Uttar Pradesh State. Due to change in the course of 
583 
584 
SUPREME COURT REPORTS [1998) SUPP. 2 S.C.R. 
A River Ganga dispute arose as to whether large tracts ofland on the borders 
of the two States formed part of the State of Bihar or Uttar Pradesh. The 
minutes of the meeting held between the representatives of the two States 
stated that the disp~d villages existed in Bihar State and stood transferred 
to Uttar Pradesh State after the Bihar and Uttar Pradesh (Alteration of 
B boundaries) Act, 1968 was passed. The Board of Revenue issued directions 
to the Collector to prepare records and maps of the areas in Uttar Pradesh. 
Subsequently, a notification was issued by the Government to place the 
disputed villages under survey and record operation. Appellants claiming 
to be old residents of the disputed villages, filed writ petition contending 
that the boundaries between the States were frozen as on 26.1.1950 and the 
C disputed villages were always under the Uttar Pradesh State and there was 
no question of any transfer of lands under the Act. High Court disposed of 
the said petition inter alia holding that the boundaries were not frozen as 
on 26.1.1950 and under Article 3 of the Constitution/Parliament has 
sweeping powers to alter the boundaries of any State; the dispute regarding 
title of possession, dates of changes in the course of river Ganga and the 
D existence of the disputed villages cannot be decided in writ jurisdiction 
without adducing oral and documentary evidence. Hence this appeal. 
Dismissing the appeal, this Court 
HELD : 1.1. The boundaries between Bihar State and Uttar Pradesh 
E State were not frozen as on 26.1.1950 and Article 3 of the Constitution 
provides for alteration of boundaries by Parliamentary legislations. Thus, 
High Court was justified in holding that Parliament has powers to alter the 
boundaries of any State. [603-B-C) 
1.2. In exercise of its powers under Article 3 of the Constitution, 
F Parliament passed the Bihar and Uttar Pradesh (Alteration of boundaries) 
Act, 1968. Consequently, certain territories in Shahabad District ofBihar 
lying between the fixed boundary and the deep stream of the river Ganga 
came to be transferred from Bihar State to Uttar Pradesh State. 
(598-D; 603-B) 
G 
In Re: The Berubari Union and Exchange of Enclaves, (1960) 3 SCR 
250 and Babula! Parate v. The State of Bombay and Anr., (1960) 1 SCR 605, 
relied on. 
2. High Court was justified in holding that the questions whether land 
from the three disputed villages of Bihar got added to Uttar Pradesh by 
H transfer, whether three disputed villages were non-existent or ghost vi

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