37. [ All public roads, etc., and all lands which are not the property of others, belong to the [Government] [The original section 37 was numbered as sub-section (1) of section 37 and sub-sections (2) and (3) were added by Bombay II of 1912, section 1.].
(1)All public roads, 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, nallas, lakes, and tanks, and all canals, and water-courses, and all standing and flowing water and all lands wherever situated, which are not the property of individuals, or of aggregates of persons legally capable of holding property, and except in so far as any rights of such persons may be established, in or over the same, and except as may be otherwise provided in any law for the time being in force are and are hereby declared to be, with all rights, in or over the same, or appertaining thereto, the property of [the [Government] [The words 'the Crown' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.]], and it shall be lawful for the Collector subject to the orders of the [State Government] [These words were substituted for the words 'Commissioner' by Gujarat 15 of 1964, section 4 Schedule], to dispose of them in such manner as he may deem fit, or as may be authorised by general rules sanctioned by [the Government concerned] [The words 'the Government concerned' were substituted for the words 'Government', by Gujarat 15 of 1964, section 4 Schedule], subject always to the rights of way, and all other rights of the public or of individuals legally subsisting.Explanation. - In this section "high-water-mark:" means the highest point reached by ordinary spring-tides at any seasons of the year.(2)[ Where any property or any right in or over any properties is claimed by or on behalf of [the [Government] [The original Section 37 was numbered as sub-section (1) of section 37 sub-sections (2) and (3) were added by Bombay II of 1912, section 1.] or by any person as against [the [Government] [The words 'the Crown' were substituted for the words 'Government' by the Adaptation of Indian Laws Order in Council.]], it shall be be lawful for the Collector or a survey officer, after formal inquiry of which duo 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 [***] [The words 'by the Collector; were omitted by second schedule of the Bombay Repealing and Amending Act, 1919 (Bombay 2 of 1919).] under sub-section (1) or sub-section (2), or, if one or more appeals have been made against such order within the period of limitation, then from the date of any order passed by the final appellate authority, as determined according to section 204, 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)[ Any 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 rules made in this behalf by the [State [Government] [Sub-section (4) was added by Bombay 11 of 1912, section 1.]].
