Right Of Preemption A Maligned, Feudal, Archaic And Outmoded Law, Reiterates Supreme Court

The Supreme Court observed that the right of pre-emption is a maligned law and are characterised as 'feudal, archaic and outmoded'.

In this case, the appellants are purchasers of the land in question vide sale deed dated 9.2.1990. The sale deed was presented for registration but the registration was completed on 7.1.1992. The proceedings for pre-emption of the land were initiated in terms of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1 19611 on 31.3.1992.

When the case arising out of pre-emption proceedings reached the Apex Court, the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 2019 came into force whereby the right of pre-emption itself has been taken away. In terms of sub-section 4(i) inserted vide the amending act, all cases or proceedings pending before the State Government, the Board of Revenue, the Bihar Land Tribunal, the Divisional Commissioner, the Collector, the Additional Collector, the Deputy Collector Land Reforms "or in any other Court" shall be deemed to be abated. Thus the issue in this case was whether the expression "any other Court" will include the Constitutional Courts i.e. the High Court or the Supreme Court?

The bench comprising Justices Hemant Gupta and S. Ravindra Bhat held that "any other Court" is wide enough to include the Constitutional Courts i.e. the High Court and the Supreme Court.

Referring to Shyam Sunder & Ors. v. Ram Kumar (2001) 8 SCC 24, the bench while allowing the appeal, observed:

"The right of pre-emption was said to be maligned law. Such rights have been characterized as feudal, archaic and outmoded. Such right of pre-emption has been taken away and all proceedings pending before any authority have been ordered to be abated including proceedings in any other Court. Any other Court is wide enough to include the Constitutional Courts i.e. the High Court and the Supreme Court. Even the 10% of the pre-emption amount which is required to be deposited was ordered to be deposited. Thus, keeping in view the object of the Statute, purpose to be achieved and the express language of the Amending Act, all proceedings of pre-emption under the Act pending before any authority under the Act or before any Court shall stand abated."

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