Boundary & Boundary Dispute cases Girish Rao Dy. Director Land Records Pune Region Pune

Boundary Marks General Concept : - Boundary marker/boundary stone is a robust physical marker that identifies the start of Land boundary They are often used to mark critical points of boundaries between countries, States, Local administration and limits of private land holdings Also used to mark property boundaries Traditionally were made of stone. Sometimes inscribed with relevant information.

Boundary Marks Definition :- As per MLRC Sec. 2(3) “Boundary mark” means any erection, whether of earth, stone or other material and also any hedge unploughed ridge, or strip of ground, or other object whether natural or artificial, set up, employed or specified by the survey officer or revenue officer having authority in that behalf, in order to designate the boundary of any division of land.

Descriptions of boundary mark used in different surveys Boundary Marks Descriptions of boundary mark used in different surveys Boundary marks occupied pivotal position in erstwhile revenue surveys. The three major operations included under head of survey where – i. The Measurement of village land and preparation of survey records ii. The Construction of maps – Village, Taluka & District iii. The Demarcation of boundaries by means of boundary marks.

Descriptions of boundary mark used in different surveys Boundary Marks Descriptions of boundary mark used in different surveys As per THE BOMBAY SURVEY AND SETTLEMENT MANUAL VOL. II by R.G. Gordon I.C.S. descriptions of boundary marks are as under Mark Length Breadth bottom top Height In what survey used Mound 5as. 2 ½ as. 1/3 anna 1 ½ as. All Stone 1 ½ to 2 haths long .. 3 fingers thick .. Deccan 1 ¼ haths or over .. 3 inches thick .. Konkan 2 ½ feet or over .. 8 inches thick .. Gujrat 1 anna long, ¼ anna wide 4 fingers thick .. Kanara Stone cairn (Biruj) At bottom .. At top .. 2 as. Square 1 ½ as. Square 2 as. Konkan only

Main principles of erection of boundary mark used in different surveys Boundary Marks Main principles of erection of boundary mark used in different surveys Main corners of survey numbers marked by two or more mounds pointing the boundary with intermediate mounds Bends upon the boundary, not being main corners were marked by stones. In case of pot numbers corners were demarcated by single stone (Deccan and Konkan Survey) Demarcation of boundaries of survey numbers by stones (Deccan and Konkan Survey) Demarcation of Tri junction point of two or more villages by means of stone with cross in the top.

Conventional signs of boundary marks shown in village map Mound Stone Hedge X – X – X – X – X Cairn Tri junction Mark Source - THE BOMBAY SURVEY AND SETTLEMENT MANUAL VOL. II

Boundary Marks Mound Stone cairn Stone Hedge

Boundary Legal provisions under mlrc 1966 Sec 132 – Fixation and Demarcation of boundaries Boundaries of all villages in the State and all survey numbers in villages shall be fixed and demarcated by boundary marks. Sec 133 – Determination of village boundaries Boundaries of all villages shall be fixed and all disputes relating there to shall be determine survey officer after holding formal inquiry after giving opportunity of appearing and producing evidence

Boundary Legal provisions under mlrc 1966 Sec 134 –Determination of field boundaries At the time of survey if field boundaries are undisputed laid down as pointed field boundaries are disputed laid down by survey officer after ascertaining occupation and evidence Sec 135 –Disputes regarding boundaries between villages, survey numbers and sub division Any dispute arising concerned to boundary of village, field, holding which has not been surveyed or after completion of survey is to be decided by Collector after holding formal inquiry and after giving opportunity of appearing and producing evidence

Boundary Legal provisions under mlrc 1966 Sec 136 –Determination of boundaries of survey number and sub division Collector may demarcate the boundaries on application of party interested The State Government may make rules for the same, prescribing nature of boundary marks to be used, levy of fees, holders of land in demarcated survey number and sub division Survey number and sub division demarcated under this provision shall be deemed to be survey numbers under sec. 132, 135, 139 and 140. The power of demarcation of boundaries under this sec. are deligated to the concerned land records officers in the District.

Boundary Legal provisions under mlrc 1966 Sec 138 –Effect of boundary This provision gives power to Collector to make final determination of dispute to the help of survey record and other evidence Collector may at any time summarily evict any land holder who is wrongfully in possession of any land which has been adjudged Sec 140 –Responsibility for maintenance of boundary marks and survey marks Every land holder shall be responsible for the same. Village officer has to prevent destruction or unauthorized alteration.

Boundary Legal provisions under mlrc 1966 Sec 143 –Right of way over boundaries Tehsildar to decide the claims of persons to right of way over the boundaries of other survey numbers after conducting inquiry Sec 145 –Penalty for injuring boundary marks Any person is proved wilfully erased, removed or injured us boundary marks or survey marks shall be liable to fine not exceeding Rs. 100/- for each mark so erased. Inquiry that effect may be carried out before the Collector, Survey officer, Tehsildar or Naib Tehsildar

Boundary Legal provisions under mlrc 1966 Rules regarding boundary marks and boundaries These rules are called as Maharashtra Land Revenue (Boundaries and Boundary marks) Rules 1969.

Types of measurement cases in land records offices Boundary dispute cases Land Acquisition Measurement cases Court Watap measurement cases Court commission measurement cases N.A. Measurement cases Pot Hissa measurement cases City Survey Measurement Cases

Types of records used in measurement cases Tippan Phalni/ Gat Book/ Fair sketch Land Acquisition sheets Consolidation scheme book Akkarband Gunakar book City Survey Sheet

Categories of measurement cases Ordinary Urgent Very Urgent

Equipments used for measurement Chain and Cross Staff – Original Survey Plain Table – Wooden Table, Allidade, Tape, Level Tube, Scale, Drawing Sheets etc. Electronic Total Station – ETS, Prism pole, Data downloading s/w, plotter, AutoCad s/w GPS – used in Resurvey and original survey

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