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 - When land may be gained by gradual accession, [whether] [These words were repealed in Oudh, see Oudh Laws Act, 1876, Schedule II.] from the recess of a river [or of the sea] [These words were repealed in Oudh, see Oudh Laws Act, 1876, Schedule II.], it shall by considered an increment to the tenure of the person to whose land or estate is thus annexed, whether such land or estate be held immediately from [Government] [Substituted by A.O. 1950 for 'the crown' which had been Substituted by A.O. 1937 for 'Government'.] by a zamindar or other superior landholder, or as a subordinate tenure by any description of under-tenure whatever:Extents of interests 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 A.O. 1950 for 'the Crown' which had been substituted by the A.O. 1937 for 'Government'.] 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] [So far as it related to the province of Agra, Bengal Reg. II of 1819 was repealed by N. W.P. Land Revenue Act, 1873 (Act XIX of 1873), repealed by U.P. Act III of 1901.]:Nor if annexed to a subordinate tenure held under a superior landholder shall the undertenant, whether a khud kast-raiyat, holding a maurusi istinvari tenure (Sic) 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.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 recognised, 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] [So far as it related to the province of Agra, Bengal Reg. II of 1819 was repealed by N.W.P. Land Revenue Act, 1873 (Act XIX of 1873), repealed by U.P. Act III of 1901.], and the channel of the river [or sea] [So far as it related to the province of Agra, Bengal Reg. II of 1819 was repealed by N.W.P. Land Revenue Act, 1873 (Act XIX of 1873), repealed by U.P. Act III of 1901.] between such island and the shore may not be fordable, it shall, according to established usage, be at the disposal of [Government] [Substituted by the A.O. 1950 for 'the Crown' which had been Substituted by the A.O. 1937 for 'Government'.].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 shallow rivers. - In small and shallow rivers, the beds of which with the jalkar right of fishery, may have been hereto fore recognized as the property of individuals, any sand bank or char 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. - Disputes relative to lands gained by alluvion or by dereliction not 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 river [or the sea] [So far as it related to the province of Agra, Bengal Reg. II of 1819 was repealed by N.W.P. Land Revenue Act, 1873 (Act XIX of 1873), repealed by U.P. Act III of 1901.], 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 or established local usage if there be any applicable to the case, or, if not, by general principles of equity and justice.
