88. All roads etc, and all lands which are not the property of others belong to the State.
(1)All public roads, lanes, paths, bridges and ditches; all fences on or beside the same, all rivers, streams, nallas, lakes and tanks, all canals and watercourses, all standing and flowing water, and all lands wherever situated, which are not the property of individuals or of bodies of persons legally capable of holding property, are except in so far as any rights of such persons or bodies may be established in or over the same and except as may be otherwise provided in any law for the time being in force, and are hereby declared to be, with all rights in or over the same or appertaining thereof, the property of the State; and it shall be lawful for the Collector subject of the [order of the Commissioner] to dispose of them in such manner as may be prescribed subject always to the rights of way and all other rights of the public or individuals legally subsisting.(2)Where any property or any right in or over any property is claimed by or on behalf of the State or by any person as against the State, it shall be lawful for the Collector, after formal inquiry of which due notice has been given to pass an order deciding the claim.(3)Any suit instituted in any Civil Court after the expiration of one year from the date of any order passed under sub-section (1) of sub-section (2) or, if one or more appeals have been made against such orders within the period of limitation, then from the date of any order passed by the final appellate authority, shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that in the case of an order under sub-section (2), the plaintiff has had due notice of such order.(4)Every person shall be deemed to have had due notice of an inquiry or order under this section, if notice thereof has been given in accordance with the provisions of this Act or the Rules made thereunder.(5)Any order passed under sub-section (1) or sub-section (2) shall be enforceable by the Collector in the prescribed manner.
