Section 164 in Maharashtra Land Revenue Code, 1966
164. Right in waste land of another village.
(1)Where the Collector is of the opinion that waste land or any village is insufficient and it is in the public interest to proceed under this Section, he may after such enquiry as he deems fit, order that the residents of the village shall have a right of Nistar or a right of grazing cattle, as the case may be, in the neighbouring village to the extent specified in the order.(2)The residents of a village having a right of grazing cattle in the neighbouring village under sub-section (1), or Government forest may make an application to the Collector for recording their right of passage for the purpose of exercising the rights.(3)If, on enquiry into an application made under sub-section (2), the Collector finds that the right of passage is reasonably necessary to enable such residents to exercise a right to graze their cattle in any other village or in a Government forest, he shall pass an order declaring that such right of passage exists and shall state the conditions upon which it shall be exercised.(4)The Collector shall, thereupon, determine the route of passage through unoccupied land and shall restrict such route in such manner as to cause minimum inconvenience to the residents of the villages through which it passes.(5)The Collector may, if he thinks fit, demarcate such route.(6)Orders passed by the Collector under this Section shall be recorded in the Nistar Patrak.(7)Where the villages mentioned in sub-section (1) lie in different districts the following provisions shall apply, namely:-(a)the orders specifying the right of Nistar or the right of grazing cattle shall be passed by the Collector in whose district the village over which such right is claimed lies;(b)any orders regarding route of passages shall be passed by the Collector in whose respective jurisdiction the area over which passage is allowed lies;(c)the Collector passing an order in accordance with clauses (a) and (b) shall, consult in writing with the other Collector concerned.
