Procedure where existence of public right is denied
AI Assist
Summary
When a Magistrate issues an order to prevent obstruction, nuisance or danger to public use of a way, river, channel or place, the person affected must be asked if they deny any public right over it. If they deny it, the Magistrate must inquire before continuing: if reliable evidence supports the denial, proceedings are stayed until a competent Court decides; if not, the Magistrate proceeds. If the person failed to deny when asked, or denied but offered no reliable evidence, they cannot later raise that denial in the proceedings.
Example
Ravi is served with an order to stop obstructing a village pathway along a river and appears before the Magistrate. When asked he denies any public right to use the path and produces old sale receipts as evidence. The Magistrate finds the receipts reliable, so he stays enforcement until a competent Court decides who has the right.
Bare Act
Enacted text(1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157.
(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.
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