1.
Introduction:
The Maharashtra Land Revenue Code, 1966 (MLRC) provides a systematic mechanism for the fixation
and demarcation of boundaries to ensure clarity in land ownership and prevent disputes. Chapter IX
(Sections 132 to 146) specifically deals with the procedures for marking village boundaries, resolving
disputes, and ensuring maintenance of boundary marks.
The Survey Officers and Collectors play a crucial role in this process. During survey operations, Survey
Officers are responsible for determining boundaries, while after the survey's completion, the
responsibility shifts to the Collector, who assumes the powers of a Survey Officer for this purpose.
2. Fixation and Demarcation of Boundaries
A. Authority for Fixation of Boundaries
The fixation and demarcation of boundaries are primarily carried out by Survey Officers during the
survey operations. However, once the survey is completed, the Collector assumes charge of boundary
marks and continues to exercise the powers of a Survey Officer in this regard. This ensures that even
after a formal survey, any arising issues related to boundaries can be efficiently addressed.
B. Fixation and Marking of Boundaries (Section 132)
According to Section 132 of the MLRC, the boundaries of villages and survey numbers are required to
be fixed and demarcated using boundary marks. However, in some regions, such as Nagpur, Chanda,
Wardha, Bhandara, and Melghat Taluka (Amravati District), boundary marks were initially absent, and
only survey marks were used. The State Government, through a notification, can mandate that
boundary marks be established in these areas to ensure proper demarcation.
C. Determination of Village Boundaries (Section 133)
Survey Officers or other designated officials are responsible for fixing village boundaries. A formal
inquiry must be conducted where village officers and interested persons have an opportunity to
present evidence. Disputes regarding village boundaries are settled during this process.
D. Determination of Field Boundaries (Section 134)
If no dispute exists, the field boundary is fixed as affirmed by village officers. If a dispute arises or the
landholder is not present, the Survey Officer fixes the boundary based on:
o Land records,
o Occupation status,
o Evidence from village officers and adjoining landholders.
E. Disputes Regarding Boundaries (Section 135)
If a dispute arises regarding boundaries of a village, survey number, or sub-division, it is resolved by the
Collector through a formal inquiry. If the boundary issue is due to a survey error or miscalculation, it
may be corrected, but no arrears of land revenue shall be charged. Any excess land revenue paid due
to the error will be adjusted against future payments.
F. Demarcation of Boundaries on Landholder’s Request (Section 136)
Any landholder who wants clear boundary demarcation for their land can apply to the Collector. The
application must include a request to:
Demarcate the boundaries of a survey number or its sub-division.
Construct boundary marks on the demarcated boundary.
However, for this process to be undertaken, the landholder is required to pay the prescribed fees as per
the rules established under the Code.
G. Straightening of Crooked Boundaries (Section 137)
If a landholder wants to regularize or straighten their boundary, they can apply to the Survey Officer.
The Survey Officer may revise the boundary to improve cultivation and determine compensation for
any loss of land.
If there is no mutual agreement, a village committee or a nominated committee decides the
compensation, which is final and binding.
Procedure for Regularization:
1. The landholder submits a sketch of the existing boundaries and lists the names of adjoining
landholders.
2. The Survey Officer examines whether it is beneficial for better cultivation and easier
maintenance of boundary marks.
3. If deemed necessary, a revised boundary plan is prepared, along with a compensation scheme
for landholders who might suffer a loss of land.
4. The plan is published in the village, and if all concerned parties agree, the boundaries are
revised accordingly.
5. If there is disagreement, a Village Committee or a Committee of nominated members
determines the amount of compensation and finalizes the boundary.
The decision of the Village Committee or the Committee of nominated members is final and binding on
all parties.
3. Effect of Settlement of Boundaries (Section 138)
Once a boundary is legally settled under Chapter IX, it has significant effects:
A. Determinative Nature of Settlement
A settled boundary is considered final and determines:
o The proper position of the boundary line and marks (Section 138(1)(a)).
o The rights of landholders concerning the land on either side (Section 138(1)(b)).
B. Protection Against Wrongful Possession
If a landholder wrongfully occupies land that does not belong to their holding, the Collector may
summarily evict them (Section 138(2)).
C. Right to Challenge Boundary Settlement in Civil Court
If a person disputes the settlement, they may file a civil suit within one year from the date of the
settlement (Section 138(4)). The State Government, Collector, or Revenue Officers cannot be made a
party to such suits.
D. No Appeal or Revision After Civil Suit is Filed
If a civil suit is filed against a settlement, the order of ejectment is not subject to appeal or revision
(Section 138(5)).
E. Redistribution of Land Revenue
The Collector has the power to reassess land revenue after an appeal, revision, or court decision. Such
redistribution takes effect from the beginning of the following revenue year (Section 138(6)).
4. Manak v. Narayan, AIR 1920 Bom. 215
A. Facts:
Manak (plaintiff) claimed ownership over a piece of land and alleged that Narayan (defendant)
encroached upon it.
The dispute arose due to unclear boundary demarcation.
Manak relied on revenue records and land surveys to prove his claim, while Narayan contested
them.
B. Issue:
How should land boundaries be determined in cases of dispute?
What is the legal significance of revenue records and official surveys in boundary disputes?
C. Judgment (Ruling):
The Bombay High Court upheld the authority of land revenue records and official surveys in
boundary disputes.
It ruled that boundaries must be determined based on official land records unless strong
contrary evidence is provided.
The court restrained the defendant from encroaching upon the plaintiff’s land.
It established that mere possession does not grant ownership rights unless legally documented.
This case set a precedent for resolving boundary disputes using official land records and surveys as
primary evidence.
5. Conclusion
The Maharashtra Land Revenue Code, 1966 provides a structured approach to fixing, marking, and
maintaining boundaries to prevent disputes and ensure clarity in land ownership. Once a boundary is
settled, it holds legal authority, and wrongful possession can lead to summary eviction by the Collector.
The Code also lays down provisions for regularization of boundaries, right of way, and penalties for
tampering, ensuring proper land administration in the state.
