Code
Dispute Concerning Right Of Use Of Land Or Water
- (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, stating
the grounds of his being so satisfied and requiring the parties concerned in such dispute to
attend his Court in person or by an advocate on a specified date and time and to put in
written statements of their respective claims.
Explanation.—For the purposes of this sub-section, the expression “land or water”
has the meaning given to it in sub-section (2) of section 164.
(2) The Magistrate shall 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 164 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 times 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 164 the
Magistrate finds that the dispute is as regards an alleged right of 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 164, he may, after recording his reasons, continue with the proceedings as if they
had been commenced under sub-section (1) of section 164.
Explanation:
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the power of an Executive Magistrate to investigate and resolve dispute concerning right of use of land or water. It aims to prevent breaches of peace arising from such disputes.
Key Features:
- Initiation: An Executive Magistrate can initiate an inquiry based on a police report or other information indicating a dispute about land or water usage.
- Notice: The Magistrate issues a written order requiring parties involved in the dispute to appear before the Court to present their claims in writing.
- Investigation: The Magistrate investigates the dispute by examining the written statements, hearing the parties, and collecting evidence.
- Decision: The Magistrate decides whether the claimed right exists and can issue an order prohibiting interference with the exercise of the right, including the removal of any obstructions.
- Conditions: To issue an order, the individual must exercise the right within a specific time period, which depends on whether the right is exercisable at all times or only during particular seasons
Illustration:
Imagine a dispute between two farmers over the right to draw water from a common well. One farmer claims an easement, while the other denies it. The Executive Magistrate, upon receiving information about the dispute, can initiate an inquiry under Section 164. The Magistrate will then investigate the matter, hear both parties, and decide whether the claimed easement exists. If it does, the Magistrate can issue an order preventing the other farmer from interfering with the first farmer’s right to draw water.
Common Questions and Answers:
Q: What types of disputes can be investigated under Section 164?
A: Section 164 applies to disputes regarding the right to use land or water. This includes easements and other rights of access or use.
Q: Who can initiate an inquiry under Section 164?
A: Only an Executive Magistrate can initiate an inquiry under this section.
Q: What is the role of the police in this process?
A: The police may provide information to the Executive Magistrate about the dispute. Additionally, they are involved in maintaining order during investigation process.
Q: What happens if the Magistrate decides that the claimed right does not exist?
A: The Magistrate will not issue an order prohibiting interference with the right. However, the parties can still pursue their dispute through other legal means.
Q: How long does the Magistrate have to decide on the dispute?
A: There is no specific timeframe for the Magistrate to decide on the dispute. However, the Magistrate must act promptly and fairly to prevent a breach of the peace.
