Section 4 in The Bengal Alluvion and Alluvion Regulation, 1825
4. Lands gained by gradual accession from recess of river or sea.
- [First.] [For saving of rights of under-tenants in alluvial land under this clause see, Act 31 of 1858, Section 2.] - 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 for 'the Crown'.] by a zamindari 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 for 'the Crown'.] of any assessment for the public revenue to which it may be liable under the provisions of [Regulation 2, 1819,] [The Bengal Land Revenue Assessment (Resumed Lands) Regulation, 1819.] or of any other Regulation in force.[Nor, if annexed to a subordinate tenure held under a superior landholder, shall the under-tenant, whether a khudkashi raiyat, holding a morusi istimrari tenure at a fixed rate of rent per bigha, or any other description of under-tenant liable by his engagements, or by established usage, to an increase of rent for the land annexed to his tenure by alluvion, be considered exempt from the payment of any increase of rent to which he may be justly liable.] [This paragraph of Section 4 clause First, is replied by Section 2 (1) of Act 8 of 1885.]Second-When river by sudden change of course Intersects estate. - 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 recognized, shall remain the property of its original owner.Third-Chars thrown up in navigable river. - 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, beat the disposal of [the Government] [The revenue authorities are to take immediate possession of such islands, and to assess and settle the land-see Act 4 of 1868.],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.Fourth-Chars, etc. thrown up in small and shallow rivers. - In small and shallow rivers, the beds of which, with the Jalkar, right of fishery, may have been heretofore, recognized as the property of individuals, any sand-bank or char that B 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.Fifth-Dispute relative to lands gained by alluvion or by dereliction noil provided for by Regulation. - 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.
