Section 4 in The Bengal Alluvion and Diluvion Regulation, 1825
4. Land gained by gradual accession from recess of river or sea.
First. - When land may be gained by gradual accession, whether from the recess of a river or of the sea, it shall be considered an increment to the tenure of the person to whose land or estate it is thus annexed, whether such land or estate be held immediately from the [Government] [Substituted by Adaptation of Laws Order, 1950, for 'Crown'.] by a zamindar or other superior landholder, or as a subordinate tenure, by any description of under tenant whatever.Extent of interest in increment of person in possession. - Provided that the increment of land thus obtained shall not entitle the person in possession of the estate or tenure to which the land may be annexed to a right of property or permanent interest therein beyond that possessed by him in the estate or tenure to which the land may be annexed, and shall not in any case be understood to exempt the holder of it from the payment to the [Government] [Substituted by Adaptation of Laws Order, 1950.] of any assessment for the public revenue to which it may be liable under the provisions of Regulation II, 1819, or of any other Regulation in force.When river by sudden change of course intersects estates. Second - The above rule shall not be considered applicable to cases in which a river, by a sudden change of its course may break through and intersect an estate without any gradual encroachment, or may by the violence of stream separate a considerable piece of land from one estate, and join it to another estate without destroying the identity, and preventing the recognition, of the land so removed.In such cases the land, on being clearly recognised, shall remain the property of its original owner.Chars or island thrown up in navigable river. Third. - When a char or island may be thrown up in a large navigable river (the bed of which is not the property of an individual), or in the sea, and the channel of the river or sea between such island and the shore may not be fordable, it shall, according to established usage, be at the disposal of [Government] [Substitute by Adaptation of Laws Order, 1950.].Property therein when channel fordable. - But if the channel between such island and the shore be fordable at any season of the year, it shall be considered an accession to the land tenure or tenures of the person or persons whose estate or estates may be most contiguous to it subject to the several provisions specified in the first clause of this section, with respect to increment of land by gradual accession.Sand banks or chars thrown up in small shallow river. Fourth :- In small and shallow rivers, the beds of which, with the jalkar right of fishery, may have been heretofore recognized as the property of the individuals, any sand Bank or chars that may be thrown up shall as hitherto, belong to the proprietor of the bed of the river, subject to the provisions stated in the first clause of the present section.Disputes relative to land gained by alluvion or by dereliction not provided for by regulation. Fifth. - In all other cases, namely in all cases of claims and disputes respecting land gained by alluvion or by dereliction of a river or the sea, which are not specifically provided for by the rules contained in this regulation, the Courts of Justice, in deciding upon such claims and disputes, shall be guided by the best evidence they may be able to obtain of established local usage, if there be any applicable to the case or, if not, by general principles of equity and justice.
