Proper land measurement and demarcation are crucial for landowners to establish and maintain accurate ownership records. This process ensures that land transactions and property rights are correctly documented and disputes are minimized.
Before India gained independence, the British Government conducted a comprehensive topographical survey across the country. This survey aimed to map out various geographical features such as mountain heights, river paths, stream depths, and valley positions relative to sea level.
During this period, land was measured using a method known as the cross-staff technique. Each land parcel within a village was assigned a unique number called a Survey Number. For example, if a village had a total area of 900 hectares, this area was divided into various categories such as residential areas, grazing lands, roads, and agricultural plots. Each category’s area was calculated and summed up to ensure it matched the total village area of 900 hectares. After this measurement, a village map was created. This map included the survey numbers, village boundaries, rivers, streams, lakes, and mountains. The original records of these measurements were kept in the Collector’s Office and are still used today for reference.
In villages where land consolidation schemes have been implemented (combining multiple survey numbers into a single land parcel), the survey numbers are referred to as Gat Numbers. The numbers you see on 7/12 extracts in Maharashtra state are either Survey Numbers or Gat Numbers.
1. Ownership Verification: Ensures that the area of land in your possession matches the amount you actually own.
2. Inheritance or Purchase Verification: Confirms that inherited or purchased land matches the area recorded in land records and original documents.
3. Partition Verification: Ensures that land divided among heirs or co-owners corresponds to each person's share.
4. Transaction Verification: Verifies that the land area being bought or sold matches what is stated in the sale deed.
5. Boundary Confirmation: Checks the exact location of trees, wells, or buildings on land boundaries.
6. Land Use Conversion: Required when converting land from agricultural to non-agricultural use to properly demarcate different areas.
7. Occupancy Changes: Updates land measurements when there are changes in land occupancy or boundaries.
8. Encroachment Issues: Determines the extent of any encroached land.
9. Village Boundaries: Checks encroachments on village boundaries, grazing lands, roads, cemeteries, or community lands.
To request land measurement, you must submit an application to the Deputy Superintendent of Land Records (DySLR) office. The application should include:
A. Name and Address: Your contact information.
B. Land Details: Description and boundaries of the land.
C. Adjoining Landholders: Names and addresses of neighboring landowners.
D. Neighboring Boundaries: Boundaries and information about neighboring landholders
E. Signatures: Signatures of all applicants and their addresses.
F. Documents to Attach:
1. The 7/12 extract of the land.
2. Names and addresses of adjoining landholders.
3. Receipt of measurement fees (Ordinary, Immediate, or Urgent).
4. A rough sketch of the land.
5. Reasons for the measurement request.
6. Signatures and addresses of all applicants.
7. Details of any issues, such as encroachments or boundary disputes.
When you submit a measurement application, it is assigned a unique register number and forwarded to a surveyor with an extract of the land record. The surveyor will notify neighboring landholders at least 15 days before the measurement date. Typically, land records are updated from June to September, while measurements are conducted during other times.
During the measurement, you must provide laborers, white paint, boundary markers, and other necessary materials. The measurement is conducted using a method called the plane-table technique, which utilizes advanced land survey equipment. This method is suitable even for uneven or hilly terrain.
The surveyor will:
1. Verify Land Details: Confirm the land details and demarcate boundaries as indicated by the landholder.
2. Measure Land: Use the plane-table method for precise measurement, considering original boundary markers.
3. Prepare Measurement Plan: Draft a plan showing details of the measurement, names of the applicants, date, surveyor’s name, and other relevant information. Any discrepancies between actual and recorded boundaries are marked, and encroached areas are highlighted in color.
4. Distribute Documents: Provide the landholder with a copy of the measurement plan and finalize the application.
After completing the measurement, the plan is compared with original records, and boundary marks are established. Two copies of the measurement map are created, showing details such as the measurement date, surveyor’s name, and directions. If the actual area differs from the documented area, the discrepancy is highlighted on the map. The applicant receives a copy of the measurement plan, and the application is processed.
If you are dissatisfied with the initial measurement, you can file an appeal to the Deputy Superintendent of Land Records (DySLR) or Superintendent of Land Records (SLR) depending on the issue aroused. In this case, a Senior Supervisor will re-measure the land and confirm the boundaries, a process known as Nimtana.
Here’s what you should know after the measurement:
1. Measurement Accuracy: The measurement is based on the original survey records, not influenced by payment or other factors.
2. Encroachment Issues: If an encroacher disputes the measurement and refuses to cooperate, you should apply to the Sub-Divisional Officer (SDO) under Section 138 of the Maharashtra Land Revenue Code (MLRC) and may also file a civil court case.
3. Presence of Adjoining Landholders: Ensure that adjoining landholders are present during measurement to avoid future objections.
Land sub-divisions are measured based on the original records such as the Tippan Book, Field Book, and maps. Discrepancies may occur due to land sales, partitions, or changes in land use. For instance, if land from Survey Number 300 is sold, the new owner gets a sub-number like 300/2. The original records might not reflect these changes, causing confusion.
To address this, landholders should apply to the Talathi (village officer) to update the 7/12 records legally. The Talathi records new sub-divisions in Village Form 6D and ensures that all details are accurate and all parties involved consent to the changes. The updated records are then sent to the Tahsildar for further processing.
Village Form 6D
The Talathi must determine the reasons for sub-divisions, such as:
1. Partition of land under Section 85 of MLRC
2. Sub-divisions under Section 87 of MLRC
3. Court-ordered land partitions
Sub-divisions should not result in smaller plots than the minimum area specified by the Bombay Prevention of Fragmentation and Consolidation of Holdings Act. The Talathi must verify all details and obtain necessary consents before updating the records.
Final Steps
New sub-divisions are measured and recorded after payment of fees. The numbering of new sub-divisions follows the Maharashtra Land Revenue (Revenue Surveys and Sub-Division of Survey Number) Rules, 1969, which consider factors like land extent productivity and map updates.
1. Fragmentation Act Compliance: Ensure that transactions do not violate fragmentation laws and any land transactions must comply with the Fragmentation Act.
2. Immediate Measurement: Land records department maintains original measurements. Buyers should promptly pay for measurement to get official documentation and should get land measured promptly after a transaction.
3. Clear Records and Documentation: Clearly document land boundaries and agreements in writing during partitions or purchases. For land partitions or purchases, ensure boundaries and plans which are documented clearly, are agreed upon by all parties.
4. Pre Sale Deed Sketch: Provide a detailed sketch of land boundaries in the sale deed to avoid future issues.
By understanding and following these guidelines, landowners can ensure accurate land measurement, effective management, and resolution of any disputes related to land ownership and usage.
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