Dispute concerning right of use of land or water.

What this section does

When an Executive Magistrate is satisfied that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of land or water (whether claimed as an easement or otherwise), he shall make a written order requiring the parties to attend and submit written statements of their claims. The Magistrate shall hear parties, receive and consider evidence, and decide whether such right exists; if it does, he may prohibit interference with its exercise and may order removal of obstructions, subject to the condition that the right must have been exercised within three months before receipt of the report (or during the last relevant season for seasonal rights). Proceedings may be converted between this section and section 164 if the Magistrate finds the dispute falls under the other provision.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Executive Magistrate · Police officer · Parties to the dispute · Advocate

Time limit

Right of user must have been exercised within 3 months before receipt of the police report or information (or during the last relevant season/occasion for seasonal rights) for an order to be made

Derived from CrPC s.147.