Section 1 in The Bengal Alluvion and Diluvion Regulation, 1825
1. Preamble.
- In consequence of the frequent changes which take place in the channel of the principal rivers that intersect, the [territories] [Substituted by the Adaptation of Laws Order, 1950, Sixth Schedule, for the word 'Provinces'.] immediately subject to the Presidency of Fort William, and the shifting of the sands which lie in the beds of those rivers, chars or small islands are often thrown up by alluvion in the midst of the stream, or near one of the banks, and large portions of land are carried away by land encroachment of the river on one side whilst accessions of land are at the same time, or in subsequent years, gained by dereliction of the water on the opposite side; similar instances of alluvion encroachment and dereliction also sometimes occur on the sea-coast which borders the southern and south-eastern limits of Bengal.The lands gained from the rivers or sea by the means above mentioned are a frequent source of contention and affray, the although the law and custom of the country have established rules applicable to such cases, these rules not being generally known, the Courts of Justice have sometimes found it difficult to determine the rights of litigant parties claiming chars or other lands gained in the manner above described.The Court of Sadr Diwani Adalat, with a view to ascertain the legal provisions of the Mohammedan and Hindu laws on the subject, called for reports from their law-officers, of each persuasion, and on consideration of the reports furnished by the law-officers in consequence, as well as of the decisions which have been passed by the Court of Sadr Diwani Adalat in cases brought before them in appeal which involved the right of claimants to lands gained by alluvion or by dereliction of rivers or the sea, the [Central Government] [Substituted by Government of India (Adaptation of Indian Laws) Order, 1937, for the words 'Governor General in Council'.] has deemed it proper to enact the following rules for the general information of individuals as well as for the guidance of the Courts of Judicature; to be in force, as soon as promulgated, throughout the whole of the [territories] [Substituted by the Adaptation of Laws Order, 1950, Sixth Schedule, for the word 'Provinces'.] subject to the Presidency of Fort William.
