D.--Disputes as to immovable propertyCentral
Section 147 of The Code of Criminal Procedure, 1973
- (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]
Summary
- An Executive Magistrate handles disputes about using land or water if a breach of peace is likely.
- The Magistrate can look into rights like easements, which are rights to use someone else's land for a specific purpose.
- Parties involved are required to attend court and provide written statements about their claims.
- The Magistrate reviews evidence and decides if the alleged right of use actually exists.
- If the right exists, the Magistrate can order that no one interferes with its exercise.
- For rights used all year, the right must have been used within three months before the police report.
Practical examples
1Ramesh and Suresh argue over a path through Ramesh's field that Suresh uses to reach his well. Suresh claims it is an easement. The local Magistrate steps in to prevent a fight and asks both to show proof of the path's use.
2Villagers in Sundarpur claim a seasonal right to fish in a private pond during the monsoon. The pond owner blocks them. An Executive Magistrate investigates to see if they fished there last season before deciding to remove the blockage.
FAQ
1. What does Section 147 of the Code of Criminal Procedure, 1973 cover?
Section 147 of the Code of Criminal Procedure, 1973 deals with disputes regarding the right to use land or water when such disputes might lead to a breach of the peace.
2. Can a Magistrate order the removal of an obstruction under Section 147 of the Criminal Procedure Code?
Yes, if the Magistrate finds the right of use exists, they can order the removal of any obstruction to that right under Section 147 of the Criminal Procedure Code.
3. What is the time limit for exercising a right under Section 147 of the 1973 Code?
For rights used all year, the person must have used it within three months before the inquiry started under Section 147 of the 1973 Code.
Test yourself
Q1.Under Section 147 of the Code of Criminal Procedure, 1973, who is authorized to take action regarding a dispute over the right of use of land?
Q2.According to Section 147 of the 1973 Criminal Code, what condition must be met for a Magistrate to act on a dispute?
Q3.Under Section 147 of the Code of Criminal Procedure, 1973, if a right of use is seasonal, when must it have been last exercised to be protected?
Q4.If a Magistrate starts a case under Section 145 but finds it is actually about a right of user, what can they do under Section 147 of the 1973 Code?