Patna: The state of Bihar witnessed a significant ruling on Wednesday as the Patna High Court scrapped the Bihar Land Reforms (Amendment) Act, 2011, Section 9(1), which empowered District Magistrates (DMs) to issue orders for eviction from land. The court stated that this authority falls under the jurisdiction of civil courts, which will have the final say.
Ownership Document Not Sufficient for Land Seizure
Advocate Gautam Kejriwal, representing the petitioner, argued before the bench that the determination of complex issues related to encroachments on immovable property lies solely within the purview of civil courts. No other entity can make decisions in this regard. Orders for eviction or seizure of land can only be issued by civil courts. He explained to the court that in a title deed, the occupant is evicted from the land during cancellation, while it is a common understanding that ownership determination does not accompany a cancellation or eviction.
Cancellation of Encumbrance Does Not Terminate Land Ownership
It is noteworthy that Section 9(1) of the Bihar Land Reforms (Amendment) Act, 2011, granted the District Magistrate the authority to make decisions regarding eviction from land. Under this provision, after the cancellation of encumbrance, the DM was empowered to evict the individual from the land. Furthermore, the law provided the DM with the authority to seize the land for the lawful owner or custodian after the cancellation of encumbrance.
