20.Fixation and demarcation of boundaries. -
(1) Boundaries of all villages in the State and of all survey numbers in a village shall be fixed and demarcated by boundary marks.
(2) The boundary marks shall, subject to the provisions hereinafter contained in this Chapter, be of such specifications and shall be constructed and maintained in such manner as may be prescribed.
21. Obligation regarding maintenance and repair of boundary marks.-
(1) Every tenure-holder shall be responsible to maintain and repair at his cost the boundary marks lawfully erected in his holding or on the boundary thereof.
(2) The Gram Panchayat shall be responsible to maintain and repair at its cost the boundary marks, other than those mentioned in sub-section (1), lawfully erected in the villages situate within its jurisdiction.
22. Destruction etc. of boundary marks. -
(1) If any boundary mark lawfully erected in a Lekhpal circle is destroyed, removed or damaged, then the concerned Lekhpal shall be bound promptly to report the matter to the Naib Tahsildar.
(2) The Naib Tahsildar shall make an inquiry in respect of such report and shall submit his recommendation to the Sub-Divisional Officer.
23. Power to require erection, repair or renewal of boundary marks. -
(1) The Sub-Divisional Officer may, on receipt of the recommendations of the Naib Tahsildar under section 22, or otherwise, require a Gram Panchayat in relation to a village and a tenure holder in relation to his holding, to erect or restore proper boundary marks or to repair or replace the same in such manner as may be prescribed.
(2) Where the Gram Panchayat or a tenure holder fails to erect, restore, repair or replace the boundary marks as required under sub-section (1), the Sub-Divisional Officer may cause such boundary marks to be erected, restored, repaired or replaced, as the case may be, and recover the cost thereof from such Gram Panchayat or the tenure holder in the manner prescribed.
24. Disputes regarding boundaries. -
(1) The Sub-Divisional Officer may, on his own motion or on an application made in this behalf by a person interested, decide, by summary inquiry, any dispute regarding boundaries on the basis of existing survey maps or, where they have been revised in accordance with the provisions of the Uttar Pradesh Consolidation of Holdings Act, 1953, on the basis of such maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession.
(2) If in the course of an inquiry into a dispute under sub-section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession or if it is shown that possession has been obtained by wrongful dispossession of the lawful occupant, the Sub Divisional Officer shall
(a) in the first case, ascertain by summary inquiry who is the person best entitled to the property, and shall put such person in possession;
(b) in the second case, put the person so dispossessed in possession, and for that purpose use or cause to be used such force as may be necessary and shall then fix the boundary accordingly.
(3) Every proceeding under this section shall, as far as possible, be concluded by the Sub Divisional Officer within three months from the date of the application.
(4) Any person aggrieved by the order of the Sub-Divisional Officer may prefer an appeal before the Commissioner within thirty days of the date of such order. The oder of the Commissioner shall, [ ‘subject to the provisions of section 210], be final.
25. Rights of way and other easements.-
In the event of any dispute arising as to the route by which a tenure holder or an agricultural labourer shall have access to his land or to the waste or pasture land of the village (other than by the public roads, paths or common land) or as to the source from or course by which he may avail himself of irrigational facilities, the Tahsildar may, after such local inquiry as may be considered necessary, decide the matter with reference to the prevailing custom and with due regard to the convenience of all the parties concerned. He may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concemed in the manner prescribed.
26. Removal of obstacle. -
If the Tahsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost of such removal from the person concerned in the manner prescribed.
27. Revisional powers of Sub-Divisional Officer.-
The Sub-Divisional Officer may call for the record of any case decided by the Tahsildar under section 25 or 26,for the purpose of satisfying himself as to the legality or propriety of such decision, and may, after affording opportunity of hearing to the parties concerned, pass such orders as he thinks fit:
Provided that no application under this section shall be entertained after the expiry of a period of thirty days from the date of the order shought to be revised.
28. Order not to debar from establishing any right of easement.-
No order made under this Chapter shall debar any person from establishing such right of easement or customary right as he may claim by a civil suit.