Code
(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 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 persue 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 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 145 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 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 145.
STATE AMENDMENT
Maharashtra
Amendment of section 147 of Act 2 of 1974.–In section 147 of the said Code, in sub-section (1), for the words “Whenever an Executive Magistrate” the words “Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate” shall be substituted.
[Vide Maharashtra Act 1 of 1978, s. 3]
Explanation:
- Scenario: When a dispute arises regarding the use or occupancy of land or water, and the Magistrate believes that it may lead to a breach of peace.
- Action: The Magistrate can issue an order prohibiting any use or occupancy of the land or water that could cause unrest. This order remains in effect until the dispute is resolved by a court.
- Receiver Appointment: The Magistrate can appoint a receiver to take possession of the disputed land or water and manage it, preventing any further escalation of the conflict.
Illustration:
Imagine a village where two groups are fighting over the use of a water source for irrigation. The Magistrate, fearing a violent confrontation, issues an order under Section 147 CrPC. This order prohibits both groups from using the water source until a court decides who has the right to it. The Magistrate might also appoint a receiver to manage the water source until the dispute is settled.
Common Questions and Answers:
Q: What is the purpose of Section 147 CrPC?
A: It is designed to maintain public order and prevent violence arising from land or water use disputes. It provides a temporary solution until a court resolves the conflict.
Q: Can anyone apply for an order under Section 147 CrPC?
A: No, only a Magistrate can issue an order under this section. Someone involved in the dispute can petition the Magistrate to initiate action.
Q: What happens to the land or water during the period of the order?
A: The Magistrate can appoint a receiver to take possession and manage the land or water, preventing any misuse or further conflict.
Q: Is the court’s decision binding on the parties involved?
A: Yes, the court’s decision is binding, and it determines the rightful use or occupancy of the land or water resource.
