Section 2(1) in Tamil Nadu Land Encroachment Act, 1905
(1)All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lakes and tanks, and [all back waters, canals and watercourses] [Substituted for the words 'all canals and water-courses' by section 4 of, and the Second Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960).] and all standing and flowing water, and all lands, wherever situated, save in so far as the same are the property-(a)of any [zamindar] [Zamindar estate has been abolished. See section 3 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Tamil Nadu Act XXVI of 1948).], poligar, mittadar, shrotriemdar or [inamdaror] [Inam Estate has been abolished. See section 3 of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 26 of 1963).] any person claiming through or holding imder any of them, or(b)of any person paying shit, kattubadi, jodi, poruppu or quit-rent to any of the aforesaid persons, or(c)of any person holding under ryotwari tenure [including that of a janmi in the Gudalur taluk of the Nilgiris district] [Substituted for the words 'including that of a janmi in Malabar, or of a wargdar in South Kanara' by the Madras Adaptation of Laws Order, 1957.] [and in the transferred territory] [Inserted by section 4 of, and the Second Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960).] or in any way subject to the payment of land-revenue direct to Government, or(d)of any other registered holder of land in proprietary right, or(e)of any other person holding land under grant from [the Government] [The words 'the Crown' were substituted for the word 'Government' by the Adaptation Order of 1937 and the word 'Government' was substituted for 'Crown' by the Adaptation Order of 1950.] otherwise than by way of licence,and, as to lands, save also in so far as they are temple site or owned as house-site or back yard, are and are hereby declared to be [the property of Government] [The words 'Crown property' were substituted for the words 'the property of Government' by the Adaptation Order of 1937 and the words 'the property of Government' were substituted for 'Crown property' by the Adaptation (Amendment) Order of1950.] except as may be otherwise provided by any law for the time being in force, subject always to all rights of way and other public rights and to the natural and easement rights of other land-owners, and to all customary rights legally subsisting.
