Dispute concerning right of use of land or water
AI Assist
Summary
If a police report or other information shows a dispute over the right to use land or water may cause a breach of the peace, an Executive Magistrate must summon the parties, take written statements and hear evidence to decide if a user-right exists. If he finds such a right, he can forbid interference and order removal of obstructions. Orders for rights exercisable all year are allowed only if the right was used within three months before the report; seasonal rights require use in the last season or occasion.
Example
Priya and her neighbour both claim the right to draw water from a village canal. Police send a report to the Executive Magistrate, who summons both, takes written claims and hears evidence. Because Priya used the canal last month, the Magistrate finds her right and orders the neighbour to remove a temporary obstruction and not to interfere.
Bare Act
Enacted text(1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, staling the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by pleader on a specified date and time and to put in written statements of their respective claims.
Explanation-The expression “land or water” has the meaning given to it in Sub-Section (2) of section 145.
(2) The Magistrate shall then peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 145 shall, so far as may be, apply in the case of such inquiry.
(3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right:
Provided that no such order shall be made where the right is exercisable at all limes of the year, unless such right has been exercised within three months next before the receipt under Sub-Section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt.
(4) When in any proceedings commenced under Sub-Section (1) of section 145 the Magistrate finds that the dispute is as regards an alleged right to user of land or water, he may, after “recording his reasons, continue with the proceedings as if they had been commenced under Sub-Section (1); and when in any proceedings commenced under Sub-Section (1) the Magistrate finds that the dispute should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced under Sub-Section (1) of section 145.
Previous year papers
Pick your exam. we'll email the most recent paper.