Resolving Land Border Conflicts: A Comprehensive Guide
1. Resolving Land Border Conflicts: A Comprehensive Guide
Boundary disputes are a frequent issue for farmers who often leave their land uncultivated yet encroach on neighboring plots. Initially, boundaries made of mud allowed some farmers to subtly extend their cultivated area by a few inches, leading to disagreements over time. This issue has become more pronounced as agricultural land has grown in value and scarcity, compounded by improved irrigation that encourages maximizing every inch of land.
2. Specifications for Boundary Measurements The MLRC (Boundary and Boundary Marks) Rules of 1969 set specific dimensions for boundary markers based on land type:
- Non-irrigated land: 0.46 meters wide by 0.61 meters high
- Rice and irrigated land: 0.23 meters wide by 0.61 meters high
- Dhura & Surbandh (special boundaries): 1.22 meters wide by 0.61 meters high
3. Key Principles for Boundary Marking
- Natural boundaries such as rivers or state lines dictate the precise boundary dimensions.
- Established paths like cart tracks or footpaths that traverse lands maintain their historical boundary lines.
- Roads that separate villages are included on official village maps.
- The borders between private land and adjacent roads are typically marked by stones or trees planted within the private property area.
4. Responsibilities for Boundary Upkeep
- The duty of maintaining shared boundary markers falls on the landholder of the lowest numerical survey number.
- For unoccupied or government-assigned lands, adjacent landholders bear the responsibility for boundary maintenance.
- Government land markers are maintained by government authorities.
- Non-compliance with maintenance rules can result in a fine of up to Rs. 1,000.
5. Boundary Concerns in Public Land Acquisition
When land is acquired for public purposes, such as roads or canals, proper boundary markers are crucial to prevent encroachment by local farmers. Despite receiving compensation, farmers often cultivate right up to new structures, leading to further disputes. Participating in joint measurement during such acquisitions is essential for clarity.
6. Challenges with New Landowners
New ownership can disrupt long-standing harmonious relationships between neighboring farmers due to unfamiliarity with local customs or disputes over usage rights, such as water channels or boundary trees. It's crucial for new owners to engage with neighbors and understand existing agreements to prevent conflicts.
7. Conflict over Boundary Trees
Trees situated on boundaries often become points of contention regarding ownership and the benefits derived from them. Clear documentation in land records like the 7/12 form is vital to establish ownership and manage disputes effectively.
8. Requesting Boundary Demarcation
Landholders can request the Collector to reestablish boundary marks if encroachments or shifts in land use blur the original demarcations. This process is regulated under section 138 of the MLRC, ensuring disputes are resolved through formal measurement and judicial review.
9. Handling Boundary Disputes Post-Measurement
Post -measurement disputes are common, particularly when one party feels the assessment was biased. Landholders can appeal to higher authorities like the Sub-Divisional Officer (SDO) for a re-evaluation of the boundaries, known as a Nimtana.
10. According to sec 4 of MLRC (Boundaries and boundary Marks) Rules 1969, the boundary marks should be maintained properly and not to be ploughed or otherwise injured.
- Section 133: Determination of village boundaries:The boundaries of villages shall be fixed and all disputes relating to it are determined by survey officers after holding a formal enquiry at which the village officers and all persons interested have an opportunity of appearing and producing evidence. The boundaries between villages are determined by a natural boundary e.g., stream, nalla or river. When the river or nalla changes its course, then the mid-bank or half way from the opposite bank should be considered as the boundary between them.
- Section 134: Determination of field boundaries:When at the time of survey, the boundary of a field is undisputed and its correctness is affirmed by village officer, then present, is fixed as pointed out by the landholder. If the boundary is disputed, then the survey officer will fix it, according, to the occupation as ascertained from the village officers and holders of the adjoining lands and such other evidence or information that the survey officer can procure.
- Section 135: Disputes regarding boundary between villages, Survey no and sub-divisions: When such dispute arises, then it will be decided by the Collector after holding a formal inquiry at which all village officers and persons interested will have an opportunity of appearing and producing evidence.
- Section 136: Determination of boundary survey no or sub- division:On application of a party interested, the Collector may demarcate the boundaries of survey no or sub-division and construct boundary marks thereon. The fees are to be paid by the party interested.
- Section 137: Straightening of crooked boundaries:Crooked boundaries can be straightened by survey officer on receipt of an application from any person. This is done in the interest of better cultivation of the field or holding and easier maintenance of boundary marks, subject to provision of Bombay prevention of fragmentation & consolidation of holding Act.
- Section 138: Effect of settlement of boundaries:The settlement of boundaries under this section is determinative of the proper position of the boundary line or boundary mark and of the rights of landholders on either side of the boundary fixed in respect of land. When a boundary is settled as above, the Collector can summarily evict any landholder who is wrongfully in possession of land. When any person has been ejected from such lands, he may within a period of 1 year from the date of ejection institute a civil suit to establish his title.
- Section 139: Construction and repairs of boundary marks of survey numbers and villages:It is lawful for any survey officer authorized by the Superintendent Land Record (SLR) to construct, layout, maintain and repair boundary marks and survey marks of villages or sub-divisions of survey numbers, whether cultivated or not and to assess all charges on the holders.
- Section 140: Responsibility of maintenance of boundary marks and survey marks:Every landholder is responsible for the maintenance and repair of the boundary mark and survey mark of his holding. It is the duty of the village officers to prevent destruction or unauthorized alteration of the village boundary mark or survey mark.
- Section 141: Collector to have charge of boundary mark or survey mark after introduction of survey: When a survey is introduced in a district, the charge of the boundary mark [3:35 pm, 22/7/2024] Veera: or survey mark devolves on the Collector and it is his duty to take measures for their construction, layout, maintenance and repair and for this the powers conferred on survey officers by sec 139 shall vest in him.
- Section 142: Demarcation and maintenance of boundary marks between holdings and village roads: If the boundaries of his land are not demarcated and fixed, every landholder having land adjoining a village road shall at his own cost and in a manner prescribed, demarcate the boundary between his land and village road, repair and renew such boundary marks from time to time. If the landholder fails to do so, the Collector may, after such notice, as he deems fit, cause the boundary mark to be demarcated, repaired, renewed and recover the cost as arrears of land revenue. In case of any dispute, the matter shall be decided by the Collector and his decision shall be final.
- Section 143: Right of way over boundaries: The Tahsildar can enquire into and decide claims by persons holding lands in a Survey number to a right of way over the boundaries of other Survey numbers. The Tahsildar's decision is subject to appeal and revision. Any person who is aggrieved by the Tahsildar's decision can, within one year from the date of such a decision, institute a civil suit to get it set aside/ modified.
- Section 144: Demarcation of boundaries in area under Town Planning scheme or improvement scheme or Consolidation scheme:When such a scheme comes into force, the Collector has to alter the boundary fixed and demarcated under the provisions of this chapter, so as to accord the plots laid out or consolidated under such a scheme. The Collector can also cause to be erected, constructed and laid out boundary marks of such plots.
- Section 145: Penalty for injuring boundary marks:Any person who, after a summary inquiry before the Collector or Survey Officer or Tahsildar is proved to have willfully erased, removed or injured a boundary mark, shall be liable to a fine up to Rs. 100 for each mark.Lorem ipsum dolor sit amet
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