Section 31 in The Bengal Land Revenue Assessment (Resumed Lands) Regulation, 1819
31. Regulation not to affect right of proprietors to wasteland guaranteed at permanent settlement.
- First. - Nothing in the present Regulation shall be considered to affect the right of the proprietors of estates for which a permanent settlement has been concluded to the full benefit of all Waste-lands included within the ascertained boundaries of such estates respectively at the period of the decennial settlement, and which have since been or may hereafter be reduced to cultivation. The exclusive advantages resulting from the improvement of all such lands were guaranteed to the proprietors by the conditions of that settlement, and it being left to the Courts of Judicature to decide on all contested cases whether lands assessed under the provisions of this Regulation were included at the period of the decennial settlement within the limits of estates for which a settlement has been concluded in perpetuity, and to reverse the decision of the Revenue-authorities in any case in which it shall appear that lands which actually formed, at the period in question, a component part of such an estate, have been unjustly subjected to assessment under the provisions of this Regulation, the zamindars and other proprietors of land will be enabled, by an application to the Courts, to obtain immediate redress in any case in which the Revenue-authorities shall violate or encroach on the rights secured to them by permanent settlement.Not to warrant claim to additional revenue from lands permanently assessed on plea of error or fraud. Exception. - Second. - It is further hereby declared and enacted that all claims by the Revenue-authorities on behalf of the Government to additional revenue from lands which were at the period of the decennial settlement included within the limits of estates for which a permanent settlement has been concluded, whether on the plea of error or fraud or on any pretext whatever, saving of course, the case of lands expressly excluded from operation of the settlement such as lakhiraj and thanadari lands, shall be and be considered wholly illegal and invalid.
