Section 147 CrPC: Land or Water Use Dispute – Right of Use

This section of the Code of Criminal Procedure (CrPC) deals with situations where disputes arise over the use of land or water resources. It aims to prevent breach of peace and maintain public order.

1. Code Statement:

Section 147 CrPC: “When an order has been made under section 144, or when, in the opinion of the Magistrate, there is reason to apprehend that a breach of the peace is likely to occur on account of any dispute concerning the use or occupancy of any land or water, the Magistrate may, by order in writing, direct that, pending the determination of the dispute by a competent Court, no person shall use or occupy such land or water in a manner likely to cause breach of the peace, and may, in such order, appoint a receiver or receivers to take possession of the land or water and to manage the same.”

2. 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.

3. 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.

4. 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.