BNSS Section 166: Dispute Concerning Right Of Use Of Land Or Water
Code Or Defenition: On
Dispute Concerning Right Of Use Of Land Or Water
- Order by Executive Magistrate:
- 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 claimed as an easement or otherwise), he shall make an order in writing. This order shall:
- State the grounds for his satisfaction.
- Require the parties concerned in the dispute to attend his Court in person or by pleader on a specified date and time.
- Direct them 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 provided in sub-section (2) of section 164. Here is an extended review on Dispute Concerning Right Of Use Of Land Or Water:
- 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 claimed as an easement or otherwise), he shall make an order in writing. This order shall:
- Inquiry Process:
- The Magistrate shall:
- Peruse the statements submitted under sub-section (1).
- Hear the parties involved.
- Receive all evidence produced by them.
- Consider the effect of such evidence.
- Take any further evidence as he deems necessary.
- If possible, decide whether such right exists.
- Application of Section 164: The provisions of section 164 shall apply, as far as applicable, in the case of such inquiry.
- The Magistrate shall:
- Prohibitory Order:
- If the Magistrate determines that such rights exist, he may:
- Make an order prohibiting any interference with the exercise of such right.
- Include, in a proper case, an order for the removal of any obstruction in the exercise of such right.
- Conditions:
- No authority shall issue an order if the right is exercisable at all times of the year, unless the individual exercises the right within three months before receiving the report under sub-section (1)
- If the right is exercisable only during particular seasons or occasions, the individual must exercise the right during the last such season or on the last such occasion before receiving it.
- If the Magistrate determines that such rights exist, he may:
- Continuance of Proceedings:
- When in any proceedings commenced under sub-section (1) of section 164, the Magistrate finds that the dispute relates to 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).
- When in any proceedings commenced under sub-section (1), the Magistrate determines 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.
- When in any proceedings commenced under sub-section (1) of section 164, the Magistrate finds that the dispute relates to an alleged right of user of land or water, he may:
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: Dispute Concerning Right Of Use Of Land Or Water
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.
