ABOUT THE LAND TRIBUNAL

below

The Bihar Land Tribunal is constituted to address the land related issues of raiyats of state. Disputes relating to land pending before different forums in the State of Bihar are huge in number and the present machinery including Civil Court is over burdened because of pendency of huge number of disputes relating to land. Right, title and possession over land is regulated under various land laws operating in the State of Bihar. The different forums under different land laws have been provided for adjudication of disputes. The State government is faced with complexities arising out of the multiplicity of adjudicating machinery and delay in the settlement of disputes. The State government strives to ensure speedy disposal of disputes under various land laws. In the absence of a common adjudicatory body, the people of the State are faced with undue hardship in getting their grievances redressed.


There is mandate to constitute a tribunal under Chapter XIII of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, with such modification and with such enlargement of jurisdiction as may be deemed expedient. The Constitution of India has conferred jurisdiction under Article 323B on appropriate legislature, to provide for adjudication or trial by Tribunals, by law, of any dispute, complaints or offences with respect to all or any of the matters specified in clause (2) with respect to which such legislature has power to make laws. In larger public interest and in the interest of the people of the State, it is deemed expedient to create a consolidated forum for adjudication of all disputes appertaining to land in the State of Bihar. With a view to provide a common and uniform forum for adjudication of disputes, it is necessary to create a Tribunal at the highest level in the hierarchy.

1. Jurisdiction of the Bihar Land Tribunal:

The Tribunal shall have the power to entertain any application against the final order passed by the Appropriate Authorities under the Acts/Manuals, mentioned below, within 90 days of such an order provided no other forum of appeal or revision against the order passed is provided in that Act/ Manuals:

The function of this department includes

  1. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
  2. The Bihar Land Reforms Act, 1950
  3. The Bihar Tenancy Act, 1885
  4. The Bihar Consolidation of Holdings and Prevention of Fragmentation Act,1956
  5. The Bihar Tenants' Holdings (Maintenance of Records) Act, 1973
  6. The Bihar Bhoodan Yagna Act, 1954
  7. The Bihar Privileged Persons Homestead Tenancy Act, 1947
  8. The Bihar Government Estates Manual, 1953
  9. The Bihar Settlement Manual.
  10. Bihar Land Disputes Resolution Act,2009
  11. Bihar Special Survey and Settlement Act ,2001
  12. Bihar Land Mutation Act,2011

It extends to the whole of BIHAR.

2.Qualifications for appointment of Chairman or other Members:

A person shall not be qualified for appointment as the Chairman unless he is, or has been, or is qualified to be a Judge of a High Court, or has practiced as an advocate continuously for not less than twenty years in Any High Court. A person shall not be qualified for appointment as a Judicial Member unless he is or has been, a District Judge and has held the post in that rank for at least three years, or has practised as an advocate continuously for not less then fifteen years. Or is qualified to be appointed as a Judge of a High Court. A person shall not be qualified for appointment as an Administrative Member unless he has held the post of Member/ Additional Member, Board of Revenue, Bihar, Or has held the post not below the rank of Principal Secretary/ Secretary to the Govt. of Bihar and has dealt with Land Reforms matters during his services inthe Bihar Government in the capacity of Appellate/ Revisional Authority for a period of not less than one year in either (a) or (b), in the aggregate. Any vacancy in the office of the Chairman or any Member shall be filled by the Government in accordance with the provisions of this Act.
The functions of the Tribunal shall be discharged by a bench consisting of the Chairman and Judicial and AdministrativeMember, or by a bench consisting of Judicial and Administrative Member constituted by the Chairman; or by a single Member, nominated in this behalf by the Chairman, in such cases, as he deems fit.