CrPC Section 147 — Dispute concerning right of use of land or water

Summary

Sub-section (1) applies when an Executive Magistrate is satisfied, from a police officer’s report or other information, that a dispute within the Magistrate’s local area about an alleged right to use land or water is likely to cause a breach of the peace. The right may be claimed as an easement or on some other basis. The Magistrate must make a written order explaining the grounds for being satisfied and require the parties to attend court, personally or through a pleader, at a specified date and time, and submit written statements of their respective claims.

The Explanation states that “land or water” has the meaning given to that expression in sub-section (2) of section 145.

Sub-section (2) requires the Magistrate to consider the written statements, hear the parties, receive the evidence they produce and consider its effect. The Magistrate may take further evidence if considered necessary and, if possible, decide whether the claimed right exists. The provisions of section 145 apply to this inquiry so far as they can.

Sub-section (3) allows the Magistrate, if it appears that the claimed right exists, to prohibit interference with its exercise. In an appropriate case, the Magistrate may also order the removal of an obstruction. Under the proviso, if the right can be exercised throughout the year, no such order may be made unless the right was exercised within the three months before the report or other information leading to the inquiry was received. If the right can be exercised only in particular seasons or on particular occasions, no such order may be made unless it was exercised in the last such season or on the last such occasion before that information was received.

Sub-section (4) allows the Magistrate to continue proceedings under sub-section (1) of section 145 as proceedings under sub-section (1) of this section if the Magistrate finds that the dispute concerns an alleged right to use land or water. Conversely, if proceedings under sub-section (1) of this section should be dealt with under section 145, the Magistrate may continue them as proceedings under sub-section (1) of section 145. In either case, the Magistrate must first record reasons.

Official Text

(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.

Sections referred to

• CrPC §145 — Procedure where dispute concerning land or water is likely to cause breach of peace

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §148 — Local inquiry
• CrPC §274 — Record in summons-cases and inquiries
• CrPC §354 — Language and contents of judgment
• CrPC §478 — Power to alter functions allocated to Executive Magistrate in certain cases

Related Judgments

• K.M. IBRAHIM vs K.P. MOHAMMED AND ANR — Supreme Court of India (2009)
• AJAY KUMAR RADHEYSHYAM GOENKA vs TOURISM FINANCE CORPORATION OF INDIA LTD — Supreme Court of India (2023)
• WAMAN & ORS. vs STATE OF MAHARASHTRA — Supreme Court of India (2011)
• RAFIQUE @ RAUF & OTHERS vs STATE OF U.P — Supreme Court of India (2013)

Old <-> New Code Mapping

• BNSS §166 — Dispute concerning right of use of land or water