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Showing contexts for: BALLIA in Ram Badan Rai And Ors vs Union Of India And Ors on 9 November, 1998Matching Fragments
JUDGMENT 1998 Supp (2) SCR 583 The Judgment of the Court was delivered by M. JAGANNADHA RAO, J. The river Ganga has been changing its course over a period of years and a dispute has arisen in regard to a large tract of land on the borders of the State of UP and State of Bihar as to whether this land is to be treated as part of the State of Bihar or the State of Uttar Pradesh.
The appeal has arisen out of Civil Misc. Writ Petition No. 10266 of 1986 filed by six persons (appellants) claiming to be the old residents of village Hansnagar, UP as it stood at the time of survey of 1981- 83. The Union of India, the State of U.P. and the State of Bihar were impleaded as respondents Nos. 1 to 3. The Board of Revenue, UP and the Record Officer, Ballia (UP) were impleaded as respondents Nos. 4 and 5. The appellants sought a writ of mandamus restraining the Record Officer, Ballia, UP from carrying on survey and record operations in regard to village Hansnagar, UP otherwise than on the basis that it was always a part of the State of UP and oh the basis that it was not transferred territory under the Bihar and UP Alteration of Boundry Act, 1968 (hereinafter called the '1968 Act') and they further required the survey and record operations to be carried out ignoring the directions contained in the Minutes of the meeting of officials dated 19.10.84 and letter of the Board of Revenue dated 10.10.1985. Alternatively; they sought a writ of certiorari quashing the said minutes dated 19.10.1984 and the directions of the Board of Revenue dated 10.10.1985. As the matter concerns a few thousands of acres and there is a large volume of litigation pending in the Court, it has become necessary to go into the matter in considerable detail.
The State of UP, in its counter in the High Court, stated that the survey and record operations of village Hansnagar of Ballia Dt. (UP) were being carried on in accordance with the UP Land Revenue Act, 1901 and an agreement was arrived at during the 19.10.1984 meeting and directions were given by Board of Revenue, UP. The UP Government does not dispute that in 1944 the river Ganga changed its course and entire area of village Hansnagar stood transferred to UP by 1950 and that the said village was part of District Ballia in U.P. as mentioned in the Survey map of 1881-83. However, in 1961, the river Ganga changed course again and the entire Hansnagar village went back to Bihar State. Under the 1968 Act, by virtue of the statutory transfer the said land reverted back to UP. The UP State further staled that the Bihar Government handed over record of the three disputed villages covering an area of 2000 acres of Hansnagar and about 475 acres of village Jauhi, UP. The State of UP contended that records of the three disputed villages have been prepared and parchis have been issued. Objections have been filed and are pending before the Assistant Record Officer, Ballia, UP. The directions issued by the UP Board of Revenue were necessary for correcting the double entries prevailing in the revenue records. The petitioners will have opportunity to urge their cases before the various authorities under the UP Land Revenue Act.
The Regulation, therefore, issued certain guidelines for determining the ownership of the land gained by alluvion or diluvion whenever disputes arose between individuals. The Regulation of 1825 did not concern itself with the boundaries of any geographical areas in Bihar or UP. However, the Governor General issued two notifications in the year 1867 and 1871 which provided that the 'deep stream" of the river Ganga and Ghagra should be considered to be the boundary of the districts of Shahabad and Saran on Bihar side and the district of Ballia on the UP side. Problems relating to boundary arose because sometimes the eastern stream and sometimes the western stream between the two; States-became the deep stream.
(1) On the basis of the 1963-64 deep stream position, the fixed boundary involves the transfer of an area of about 45 sq. miles from UP to Bihar and about 64 sq. miles from Bihar to UP;
(2) About 85% of the fixed boundary will be on land in the Ganga sector and 75% of it will be on land in the Ghagra sector, whereas the entire land (in 1968) (as stated in the Statement of Objects and Reasons of the 1968 Act) lay in water;
(3) The deep stream of the river ganga forms the inter-state boundary between Shahabad district (Bihar) and Ballia District (U.P.). Similarly the deep stream of the river Ghagra in the inter-state boundary between the Saran district (Bihar) and Ballia District (U.P.). As the two rivers change their course almost every year, the deep streams do not remain constant with the result that the inter-state boundary continued to fluctuate. Hence the above recommendations in (1) and (2) above have been given.