Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Uttar Pradesh - Section

Section 22 in U.P. Revenue Code Rules, 2016

22. Settlement of boundary dispute (Section 24).

(1)Every application for settlement of boundary dispute under section 24(1) of the Code shall be made to the Sub-Divisional-Officer and it shall contain the following particulars:
(a)The names, parentage and addresses of the parties;
(b)Plot number, area and boundaries of the land, along with its location;
(c)Precise nature of the dispute.
(2)No application for demarcation of boundaries under section 24(1) of the Code shall be entertained unless it is accompanied by certified extracts from the maps, Khasras and Record of Rights (Khatauni) on the basis of which demarcation is sought, and the required amount calculated at the rate of Rs. 1000/- per survey number of the applicant as fee for demarcation has been paid by the applicant.
(3)If the application is for demarcation of two or more than two adjoining plots, only one set of demarcation fee shall be payable but where the survey numbers sought to be demarcated are not adjoining, separate sets of demarcation fee shall be paid.
(4)On the receipt of the application the concerned official shall check the application as to whether the requirements have been fulfilled or not. If there is any defect of formal nature, the applicant or his counsel shall be permitted to remove the defect at once but where the requirements of the application have not been fulfilled, the applicant shall be afforded opportunity as sought for to fulfill the requirements.
(5)As soon as the requirements are fulfilled the official concerned shall register the application in the register concerned and put up the same before the Sub- Divisional-Officer for appropriate order.
(6)The Sub-Divisional-Officer shall pass order on the same day or on the next working day, directing the Revenue Inspector or other revenue officer to demarcate the plot or plots as the case may be after fixing a date and serving the notice in respect thereof to all the tenure holders concerned. This exercise shall be completed within a period of one month from the date of order passed by Sub-Divisional-Officer.
(7)The notice under sub-rule (6) of this rule shall be served on the concerned tenure holder or in his absence on his adult family member. The notice shall also be served on the Chairman of the Land Management Committee.
(8)At the time of demarcation of the plot the spot memo shall be prepared by the Revenue Inspector or other revenue officer and the same shall be signed by all the parties concerned and by the Chairman of the Land Management Committee or any two independent witnesses present at the time of the demarcation. If any party refuses to sign the spot memo, the endorsement to the effect shall be made by the Revenue Inspector.
(9)The Revenue Inspector or other revenue officer shall submit his report of demarcation with spot memo within a period of fifteen days from the date of demarcation. The name and address of the every affected party shall be disclosed in the report.
(10)On receipt of the report under sub-rule (9), the notices shall be issued within one week to all the affected parties inviting the objections on the report and the date shall be fixed which shall not be later than 15 days from the date of issuing the notice.
(11)On the date fixed or on any other date to which the hearing is adjourned, the Sub Divisional Officer shall decide the dispute regarding the boundaries in accordance with the provisions of the sub-section (2) of the section 24 of the Code and pass the appropriate order after considering the report and the objections, if any, filed against the report and affording opportunity of hearing to the parties concerned.
(12)If the report is confirmed by the Sub Divisional Officer, the boundary pillars shall be fixed accordingly within a period of one week and report in respect thereof shall be submitted which shall be part of the record.
(13)Where boundaries of plots/survey numbers are not identifiable or damaged, due to alluvion or diluvion or heavy rain or for any other reasons, the Sub-Divisional Officer may, on the application of the Chairman of the Village Revenue Committee of the village or on the report of Revenue Inspector or Lekhpal of the Circle or on the joint application signed by all the tenure holders concerned, direct, by general or special order in writing, the Revenue Inspector or Lekhpal concerned to demarcate the boundaries on the spot on the basis of the existing survey map or where it is not possible, on the basis of the possession and to redress the grievance, if any, on the basis of the conciliation in consultation with the Village Revenue Committee. The Revenue Inspector or the Lekhpal shall comply with the such order within two weeks from the date of the order and submit the report thereof to the Sub-Divisional Officer.
(14)If any party is aggrieved by the demarcation under sub-rule (13) of this rule, he may move application for demarcation of the boundaries under sub-section (1) of section 24 of the Code and the demarcation under sub-rule (13) will be subject to demarcation under sub-section (1) of section 24 of the Code.
(15)The Sub Divisional Officer, at the time of passing the order for the demarcation under section 24 of the Code or under sub-rule (13) of this rule, may direct the station officer of the police station concerned to make the police force available for maintaining the law and order on the spot at the time of demarcation.
(16)The Sub-Divisional Officer shall make an endeavor to conclude the proceeding within the period specified in section 24(3) and if the proceeding is not concluded within such period the reason for the same shall be recorded.