The Survey Act, 1875

The Survey Act, 1875

( ACT NO. V OF 1875 )

Procedure in case of disputes as to boundary
40. If it shall come to the notice of the Collector in the course of survey under this Act, that a dispute exists as to any boundary which should be surveyed, the Collector, after holding such inquiry as he may deem necessary, may determine such boundary as hereinafter provided.
Mode of determining boundary
41. The Collector shall determine the boundary according to actual possession, and cause it to be secured by boundary-marks;
Force of Collector's order
and the order of the Collector under this section shall, until it be reversed or modified by competent authority, have the force of an order of any Civil Court declaring the parties to be in possession of the land in accordance with the boundary as determined by the Collector.
Power of Collector to take possession of land in dispute
42. If, after holding the necessary inquiry, the Collector is unable to discover which party was in possession of the disputed land when he instituted the inquiry under this section, the Collector may take possession of the land in dispute, and retain possession thereof until some party shall have established his right to the said land.
Power to refer to arbitration
43. Whenever the Collector thinks it necessary to decide a dispute as to any boundary under the last preceding section, he may, with the consent of the parties concerned, refer the same to arbitration.
The procedure laid down in the Arbitration Act, 1940, shall, so far as may be practicable, be applicable, to disputes so referred to arbitration.
Relaying boundary previously determined by Court or by revenue-survey
44. If the boundary regarding which the dispute exists as mentioned in section 40 shall at any previous time have been determined by any Court of competent jurisdiction, or shall have been laid down and shown on a map in the course of any previous revenue-survey or settlement, and no objection to the boundary as than laid down and mapped shall have been preferred before any authority competent to decide on such objection:
whenever the dispute relates to the boundary of an estate which is liable for revenue, or to any other boundary by which the interests of the Government may be affected, the Collector shall,
and whenever the disputes relates to any other boundary, the Collector may, if he thinks fit,
relay, as nearly as may be possible, the boundary as previously determined or laid down and shown on the map, and cause such boundary to be shown on the survey-map, with an explanatory note to the same:
Provided that the relaying and record of a boundary by the Collector under this section shall not affect the possession of any land by any party, and shall be in addition to the determination and record of the boundary according to actual possession required by section 41.
Collector may deviate from boundary if parties agree
Nothing contained in the section shall be held to prohibit the Collector from deviating from a boundary as held by actual possession or as shown on a former map, and laying down a new boundary, if all the parties concerned agree to such new boundary, on the ground that the boundary held by actual possession, or as shown on the former map, was incorrect, and if it appears to the Collector that there is no objection to the adoption of such new boundary.
The reason for every such deviation shall be recorded in the Collector's proceedings.
Power of Collector in case of doubt or dispute as to boundary determined by Court or laid down by survey
45. If it shall come to the notice of the Collector at any time, or in any manner, that a doubt or dispute exists in respect to any boundary –
(a) which has at any time been determined by a competent Court; or
(b) which has been laid down and shown on a map, in the course of a previous revenue-survey or settlement, or other proceeding of a revenue officer for any special purpose, and against which no objection has been preferred to any authority competent to decide upon such objection; or
(c) which has been laid down by survey under this Act,-
the Collector may, if he thinks it desirable for any reason that the boundary so determined or laid down shall be relaid, proceed to relay the boundary in the manner prescribed in section 44 of this Act,
and for the purpose of so relaying the boundary he may make any inquiries and surveys which may be necessary, and such inquiries and surveys shall be deemed to be proceedings under section 6, and the Collector shall exercise in respect thereof all powers which he may exercise in respect of inquiries and surveys under that section.
In certain cases Collector may cause marks to be erected
46. Whenever the Collector shall have determined a boundary which was in dispute, and the order shall have become final,
and whenever a boundary which has been supplied by the survey officers, or has been determined under this Act, has been altered by a decree of any Civil Court which has become final,
and whenever it shall come to the notice of the Collector that any boundary has been determined by a competent Court or authority,
the Collector may cause such marks as he may think fit to be erected in order to secure the boundary permanently, and the provisions of Parts III and IV shall, so far as is possible, be applicable to boundary-marks which are erected under this section and to the apportionment of the cost thereof.

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