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State of Gujarat - Section

Section 118 in The Bombay Land Revenue Code, 1879

118. Determination of village boundaries.

- The boundaries of villages situated in [the [area to which this Act extends ] [These words were substituted for the words 'British Territory', by the Adaptation of Laws order, 1950.] shall be fixed, and all disputes relating thereto shall be determined by survey officers, or by such other officers as may be nominated by [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian laws Order in Council.] Government] for the purpose, who shall be guided by the following rules.Rule 1. Village boundaries may be settled by agreement. - When the patels and other village officers of any two or more adjoining villages and, in the case of an alienated village the holder thereof or his duly constituted agent, shall voluntarily agree to any given line of boundary as the boundary common to their respective villages, the officer determining the boundary shall require the said parties to execute an agreement to that effect, and shall then mark off the boundary in the manner agreed upon. And any village boundary fixed in this manner shall be held to be finally settled, unless it shall appear to the said officer that the agreement has been obtained by fraud, intimidation, or any other illegal means.Rule 2. - Procedure in case of disagreement or dispute. - If the Patels and other village officers, and, in the case of an alienated village, the holder thereof or his duly constituted agent, do not agree to fix the boundaries of their respective villages, in the manner prescribed in the preceding rule, or if it shall appear to the said officer that the agreement has been obtained by fraud, intimidation, or any other illegal means, or if there be any pending dispute, the said officer shall make, a survey and plan of the ground in dispute, exhibiting the land claimed by the contending parties, and all particulars relating thereto, and shall hold a formal inquiry into the claims of the said parties, and thereafter make an award in the case. If either of the villages concerned be alienated, an award made by a survey officer shall, unless the officer making it be the Superintendent of Survey, be subject to his confirmation and an award made by any other officer shall be subject to confirmation by such other officer as [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian laws Order in Council.] Government] may nominate for the purpose.