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ANDHRA PRADESH SURVEY AND BOUNDARIES ACT, 1923

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S.1 Title

       (1) This Act may be called the Andhra Pradesh Survey and Boundaries Act, 1923.
       (2) Local extent :- It extends to the whole of the State of Andhra Pradesh.


Legal Commentary on the Andhra Pradesh Survey and Boundaries Act, 1923 - Section 1

Introduction

The Andhra Pradesh Survey and Boundaries Act, 1923, is a legislative framework aimed at regulating the survey of lands and the determination of boundaries within the state of Andhra Pradesh. This Act is essential for maintaining accurate land records and resolving disputes related to land ownership and boundaries.

What does Section 1 Say

Section 1 of the Act establishes the title and applicability of the Act. It states that the Act may be referred to as the "Andhra Pradesh Survey and Boundaries Act, 1923" and specifies that it applies to all areas within the jurisdiction of the Madras Presidency, which includes the present-day Andhra Pradesh.

Essential Ingredients

  • Title: The Act is officially named the "Andhra Pradesh Survey and Boundaries Act, 1923."
  • Applicability: It applies to all areas that were part of the Madras Presidency.

Scope of Section

The scope of Section 1 is primarily introductory, laying the groundwork for the subsequent provisions of the Act. It does not delve into specific procedures or penalties but sets the stage for the legal framework governing land surveys and boundary determinations.

Punishment for Section

Section 1 does not prescribe any punishments or penalties. The enforcement of penalties is likely addressed in later sections of the Act.

Legal Comments

Legal Comments

  • Title - Establishes the formal name of the Act, ensuring clarity in legal references -
  • Applicability - The Act is applicable to all areas of the former Madras Presidency, which includes Andhra Pradesh -
  • Foundation - Section 1 serves as a foundational element for the entire Act, indicating its purpose and jurisdiction -
  • Historical Context - The Act reflects the historical context of land management in the region, dating back to 1923 -
  • Legal Clarity - By defining its title and scope, the Act provides legal clarity for subsequent sections and related legal proceedings -
  • Framework for Surveys - The Act is crucial for establishing a legal framework for conducting land surveys and resolving boundary disputes -
  • Legislative Intent - The intent behind the Act is to streamline land administration and ensure accurate record-keeping -
  • Jurisdictional Relevance - The Act's applicability to the Madras Presidency highlights its relevance in the context of historical land governance -
  • Precedent for Future Laws - Section 1 sets a precedent for future legislative measures concerning land surveys and boundaries in the state -
  • Legal Reference - The formal naming of the Act aids in legal citations and references in judicial proceedings -
  • Foundation for Dispute Resolution - Establishes a basis for legal recourse in boundary disputes, which may be elaborated in subsequent sections -
  • Historical Significance - The Act is part of the historical evolution of land laws in India, reflecting colonial administrative practices -
  • Clarity in Governance - Provides clarity in governance related to land management, which is essential for both the government and landowners -
  • Legal Framework - The Act is part of a broader legal framework that governs land ownership and management in Andhra Pradesh -
  • Administrative Efficiency - Aims to enhance administrative efficiency in land surveys and boundary determinations -
  • Public Awareness - The title and applicability of the Act promote public awareness regarding land survey laws -
  • Legal Consistency - Ensures consistency in the application of land survey laws across the state -
  • Foundation for Future Amendments - Sets a foundation for potential future amendments and updates to land survey laws -
  • Integration with Other Laws - The Act may integrate with other land-related laws, enhancing its applicability and relevance -
  • Historical Documentation - Serves as a historical document that reflects the evolution of land laws in the region -

S.2 Repeal

       The Madras Survey and Boundaries Act, 1897, is hereby repealed.


S.3 Interpretation Clause

       In this Act, unless there is something repugnant in subject or context,--
       (ii) Government land :- Government land means any land not forming an estate or any portion thereof.
       (iii) Prescribe :- Prescribe means prescribed by rules framed under this Act.
       (iv) Proprietor :- Proprietor means any person in whose name any estate is for the time being registered in the office of the Collector of the district wherein the estate in situated, and, in respect of an estate specified in Clause (e) of sub-section (i), the holder thereof.
       (v) Registered holder :- The registered holder of any Government land means the person in whose name the land in question is registered in the Government accounts of the village; Provided that when any person other than the regi

S.4 State Government to appoint survey officers

       (1) The State Government may by notification appoint any person either by name or by virtue of his office to be a survey officer for all or any of the purposes of this Act.
       (2) State Government to prescribe jurisdiction of survey officer :- Subject to the control of the State Government and of any officer or authority appointed by it in this behalf every person so appointed shall exercise and perform the powers and duties of a survey officer within such local limits and for such periods of time as the State Government may direct.
       (3) State Government may delegate powers of control :- The State Government may delegate its powers under sub-sections (1) and (2) to such officer or authority as it thinks fit.


S.5 State Government may direct the survey of Government land or of any boundary of such land

       The State Government or, subject to the control of the State Government any officer or authority to whom these powers may be delegated by it may by notification order a survey of any Government land or of any boundary of such land or of the boundary forming the common limit of Government land and land that is not Government land.


S.6 Notification to be published by Survey Officers

       (1) When any survey is ordered under Section 5, the survey officer shall publish a notification in the prescribed manner inviting all persons having any interest in the land or in the boundaries of which the survey has been ordered, to attend either in person or by agent at a specified place and time and from time to time thereafter when called upon for the purpose of pointing out boundaries and supplying information in connection therewith.
       (2) Such notification to be a valid notice to person interested :- A notification published under sub-section (1) shall be held to be a valid notice to every person having any interest in the land or in the boundaries of which survey has been ordered.
       


S.7 Survey Officer to carry out the survey or get the survey carried out in the manner prescribed

       The survey officer shall carry out the survey or shall cause the survey carried out with the assistance of an external or internal agency approved by the Government in the manner prescribed.


S.8 Cost to be charged to persons interested in the lands surveyed

       (1)The cost, if any, of the labour employed and of the survey marks used in any survey notified under Section 5 shall be determined and apportioned in the prescribed manner among the persons who have any interest in the land or in the boundaries of which the survey has been ordered and shall be recoverable from such persons as an arrear of land revenue. Notice of such determination and apportionment shall be given in the prescribed manner to the persons aforesaid.
       (2) Any person affected by a decision under sub-section (1) may appeal to the prescribed officer whose decision, with reasons therefor, shall be recorded in writing; and notice of such decision shall be given in the prescribed manner to the parties of the appeal.


S.9 Power of survey officer to determine and record an undisputed boundary

       (1)The survey officer shall have power to determine and record as undisputed any boundary in respect of which no dispute is brought to his notice.
       (2) Notice to registered holders of land affected:- Notice of every decision of the survey officer under Section 9 (1) shall be given in the prescribed manner to the registered holders of the lands the boundaries of which may be affected by the decisions.


Legal Comments

S.10 Power of survey officer to determine and record a disputed boundary

       (1)Where a boundary is disputed, the survey officer, after making such inquiry as he considers necessary, shall determine the boundary and record in writing the reasons for his decision.
       (2) Notice to parties to the dispute and to registered holders of land affected :- Notice of every decision of the survey officer under Section 10 (1) shall be given in the prescribed manner to the parties to the dispute and other registered holders of the lands, the boundaries of which may be affected by the decision.
       


Legal Commentary on Section 10 of the Andhra Pradesh Survey and Boundaries Act, 1923

Introduction

Section 10 of the Andhra Pradesh Survey and Boundaries Act, 1923, provides the statutory framework for survey officers to determine and record disputed land boundaries. It plays a crucial role in land boundary disputes, land identification, and settlement procedures, especially in the context of land surveys, boundary demarcation, and resolution of boundary conflicts.

What Section Says

Section 10 empowers the survey officer to:- Inquiry into disputed boundaries after making such inquiry as deemed necessary.- Determine the boundary in question.- Record the boundary and the reasons for the decision in writing.- Issue notices to affected parties, including registered holders of the land.- Facilitate resolution of boundary disputes through official inquiry and recording.

Essential Ingredients

  • Disputed Boundary: The section applies only when a boundary dispute exists.
  • Inquiry: The survey officer must conduct a thorough inquiry deemed necessary.
  • Notice: Notice of the inquiry and decision must be given to the affected parties, especially registered landholders.
  • Determination: The survey officer has the authority to determine and record the boundary.
  • Recording: The decision, along with reasons, must be recorded in writing.
  • Finality: The record of boundary made under this section is generally conclusive unless challenged in a civil suit or appeal.

Scope of Section

  • The section applies primarily to boundary disputes, whether between private landowners or between private land and government land.
  • It covers both urban and rural land survey scenarios.
  • It provides a quasi-judicial power to survey officers, making their determinations binding unless challenged.
  • The section emphasizes the importance of proper inquiry, notice, and documentation.
  • It is applicable when parties seek official resolution of boundary conflicts without resorting to civil courts initially.

Punishment for Section

Section 10 itself does not prescribe specific punishments or penalties for non-compliance or misuse. However:- Any false recording or misconduct during inquiry could attract penalties under general provisions of the Act or criminal law.- Unauthorized or arbitrary determination may be subject to civil challenge or appeal.- Penalties for violations, if any, are generally provided under other sections or related laws.

Legal Comments (Bullet Point Summary)

Conclusion

Section 10 of the Andhra Pradesh Survey and Boundaries Act, 1923, provides a structured, quasi-judicial mechanism for survey officers to determine and record disputed land boundaries. While it facilitates quick resolution of boundary conflicts, strict adherence to procedural safeguards—such as notice, inquiry, and recording reasons—is essential for its decisions to be binding and sustainable. Challenges to such boundary records are primarily through civil courts within a specified period, ensuring that the process remains fair, transparent, and legally tenable.

S.11 Appeals against orders under Section 9 or 10

       (1) Any person affected by a decision under Section 9 or 10 may appeal to the prescribed officer. The decision of the appellate authority with reasons therefor shall be recorded in writing and notice of such decision shall be given in the prescribed manner to the appeal. Any modification of the survey officers decision, ordered by the appellate authority, shall be noted in the record prepared under Section 9 or 10 as the case may be.
       (2) A copy of the order and a copy of the map of recording the boundaries as determined under Section 9, 10 or 11 (1) shall be furnished to any person interested in such order or map as the case may be on his application and at his cost.


Legal Commentary on Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923

Introduction

Section 11 of the Andhra Pradesh Survey and Boundaries Act, 1923, deals with the procedural rights of affected parties to challenge survey decisions and seek confirmation or modification of boundaries. It forms a critical part of the statutory framework for land boundary determination, ensuring that parties affected by survey orders have a legal remedy to contest or seek affirmation of boundary delineations.

What does Section 11 Say

Section 11 provides that any person affected by a decision of the Survey Officer under Sections 9 or 10 may apply to the Survey Officer for confirmation of the boundary or for its modification. It also prescribes the process for such applications, including the time frame and the manner of application, and emphasizes the role of the Survey Officer in recording and confirming boundary determinations based on such applications.

Essential Ingredients

  • Affected Party: Any person whose rights or interests are impacted by the survey decision.
  • Application for Confirmation/Modification: The affected person must file an application to the Survey Officer.
  • Time Limit: The application must be made within a specified period from the date of the survey decision (usually within a prescribed time, e.g., 30 days).
  • Role of Survey Officer: To examine the application, hold inquiries or hearings if necessary, and record a decision confirming or modifying the boundary.
  • Finality of Decision: The survey officer’s decision on such application is subject to appeal or further legal challenge under subsequent provisions.

Scope of Section 11

  • It applies to disputes or objections arising from survey decisions under Sections 9 and 10.
  • It provides a statutory mechanism for parties to seek affirmation or correction of boundaries.
  • It ensures that boundary determinations are not final until confirmed or modified through this procedure.
  • It acts as an administrative remedy before parties resort to civil courts for title or boundary disputes.
  • It safeguards the rights of landholders and occupants by providing an avenue for redress.

Punishment for Section

Section 11 itself does not prescribe any punishment. It is a procedural provision facilitating applications and inquiries. However, misuse or false applications could attract penalties under general provisions of law, such as perjury or contempt, but these are not explicitly detailed in Section 11.

Legal Comments

  • Scope of Application - Section 11 applies to disputes arising from survey decisions made under Sections 9 and 10, providing a statutory remedy for affected persons to seek confirmation or correction of boundaries. [Case: Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District, 2001 (3) ALD 600]

  • Right to File Application - Any person affected by survey decisions has the right to submit an application under Section 11, ensuring procedural fairness and an opportunity to contest boundary determinations. [Case: Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District, 2001 (3) ALD 600]

  • Time Limitation - The application under Section 11 must be filed within a specified period (often within 30 days), failing which the survey decision may become final, barring further challenge. [Section 11(1)]

  • Role of Survey Officer - The Survey Officer is empowered to examine the application, hold inquiries, and record a decision confirming or modifying the boundary, acting as an administrative adjudicator. [Section 11(2)]

  • Finality and Appeal - The decision of the Survey Officer under Section 11 is subject to appeal or further legal remedies, but it generally holds final unless challenged within the prescribed period. [Section 11(4)]

  • Protection of Rights - Section 11 ensures protection of landholders’ rights by providing a formal mechanism to prevent arbitrary boundary changes and to secure legal recognition of boundaries. [Case: Tamil Nadu Survey and Boundaries Act, 1923, Sections 9-14]

  • Limitations on Application - The application must be made within the statutory period from the date of the survey decision; otherwise, the boundary becomes final and binding. [Section 11(1)]

  • Procedural Fairness - The process under Section 11 mandates that the Survey Officer must give affected parties an opportunity to be heard and to present evidence, upholding principles of natural justice. [Case: Tamil Nadu Survey and Boundaries Act, 1923]

  • Relation with Civil Courts - While Section 11 provides an administrative remedy, parties aggrieved by the Survey Officer’s decision can approach civil courts for adjudication of title or boundary disputes, and the survey decision is not binding on the courts. [Case: Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District, 2001 (3) ALD 600]

  • Legal Effect of Non-application - Failure to file an application under Section 11 within the time limit results in the survey decision becoming final and binding, precluding further challenge in administrative or civil courts. [Section 11(4)]

  • Corroboration with Other Laws - Section 11 operates in conjunction with other provisions of the Act and related laws, such as Sections 9 and 10, and the Civil Procedure Code, to ensure comprehensive dispute resolution. [Section 11]

  • Importance of Proper Procedure - Proper adherence to the procedure prescribed under Section 11, including timely filing and proper inquiry, is crucial for maintaining the legality and enforceability of boundary determinations. [Case: Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District, 2001 (3) ALD 600]

  • Protection Against Arbitrary Decisions - The provision acts as a safeguard against arbitrary or unilateral boundary changes by requiring a formal application and inquiry process. [Tamil Nadu Survey and Boundaries Act, 1923]

  • Legal Precedents - Courts have consistently held that the remedy under Section 11 is an administrative safeguard, and finality is subject to civil court adjudication if the party chooses to challenge the boundary in a civil suit. [Case: Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District, 2001 (3) ALD 600]

  • No Punitive Provisions - Section 11 does not specify penalties or punishments; its primary function is procedural, emphasizing fair opportunity and administrative confirmation. [Section 11]

Summary

  • Section 11 ensures affected landholders can apply for confirmation or correction of survey boundaries.
  • It emphasizes procedural fairness, timely filing, and the role of the Survey Officer as an administrative adjudicator.
  • The provision balances administrative efficiency with protection of landowner rights, with civil courts remaining the ultimate arbiters of title and boundary disputes.
  • Its effective operation depends on strict adherence to procedural timelines and proper inquiry, safeguarding against arbitrary boundary changes.

**- Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District, 2001 (3) ALD 600- Tamil Nadu Survey and Boundaries Act, 1923, Sections 9-14- General principles of natural justice and administrative law- Judicial interpretations and case laws on boundary disputes and survey procedures

S.12 Period within which appeal should be preferred

       (a) An appeal under Section 11 shall be preferred within three months from the date of service of notice under Section 9 or 10, provided that the time taken to obtain a copy of the decision and of the map shall not be included in the period of three months allowed for appeal.
       (c) No appeal shall be admitted under sub-section (b) after the issue of the notification specified in Section 13.


S.13 Completion of demarcation to be notified

       When the survey of any land or boundary which has been notified under Section 5 has been completed in accordance with the order passed under Section 9, 10 or 11 the survey officer shall notify the fact in the District Gazette and a copy of such notification shall be pasted in the village chavadi, if any, of the village to which the survey relates: unless the survey so notified is modified by a decree of a civil court under the provisions of Section 14; the record of the survey shall be conclusive proof that the boundaries determined and recorded therein have been correctly determined and recorded; Provided that in the case of land or boundary situated in the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), Until a District Gazette is published for the district in the said territories, a notification as required by this Section shall be published in the Andh

Legal Comments- Introduction - Section 13 of the Andhra Pradesh Survey and Boundaries Act, 1923 (the Act) governs completion of demarcation and publication of the survey results; it forms part of a broader framework for surveys and boundary fixation in the twin cities era. [Source: Sree Pancha Murthy Co-op. House Building society Ltd VS Government Of A. P. - 2000 0 Supreme(AP) 222]- What Section Says - Section 13 mandates completion of demarcation to be notified; Section 14 provides a three-year window to challenge boundaries by civil suit; Section 9-12 provide powers and remedies around notices and appeals. The Section 13 notification marks finality of the demarcation unless and until set aside by civil court under Section 14. [Source: Venugopal VS Chandrakasa Padayachi (deceased) & Others - 2003 0 Supreme(Mad) 254], [Source: G. Nagarathnam Pillai VS Guruswami Pillai died - 1943 0 Supreme(Mad) 176]- Essential ingredients - (i) a survey/ demarcation process; (ii) proper notices to interested persons; (iii) gazette/ district notification under Section 13; (iv) a civil remedy (Section 14) to challenge boundaries within three years; (v) recognition that TSLR entries are not conclusive proof of title but are relevant for boundary determinations. [Sources: Masjid Mohammadia vs State of Telangana - 2024 Supreme(Online)(Tel) 36608], Venugopal VS Chandrakasa Padayachi (deceased) & Others - 2003 0 Supreme(Mad) 254, State Archaeological Museums Department, Hyderabad vs V. Swaroopa Rani - 2025 Supreme(Online)(TEL) 2318, B. N. Manga Devi VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department,Hyderabad. - 2011 0 Supreme(AP) 623- Scope of Section - The Act covers government, private and estate lands, including town surveys and resurvey operations; it contemplates demarcation, records, and potential civil actions to challenge boundaries; it also recognizes the potential for private survey requests and appellate mechanisms, subject to procedural safeguards. [Sources: Masjid Mohammadia vs State of Telangana - 2024 Supreme(Online)(Tel) 36608], Manthena Praveen Kumar, S/o.Subbaraju vs State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Development Department - 2025 Supreme(Online)(AP) 6442, Muramalla Padmavathi VS State of Andhra Pradesh - 2016 0 Supreme(AP) 64, C. P. Roy VS Special Court, under A. P. Land Grabbing Act - 1999 0 Supreme(AP) 1058- Punishment for Section - The provided sources do not specify penal provisions within Section 13 itself; the Act’s enforcement generally contemplates administrative/ civil remedies and possible penalties under related sections, but no explicit punishment text for Section 13 is stated in the excerpts. [Source: ]- Binding effect of Section 13 - Section 13, read with Section 14, creates a finality regime: boundaries recorded in the survey become conclusive unless a civil suit is filed within three years; however, Section 14 bars challenges to the boundary’s correctness, but not necessarily title disputes that may arise independently. This distinction has been treated in jurisprudence to permit title disputes to proceed in civil courts notwithstanding boundary finality. [Sources: G. Nagarathnam Pillai VS Guruswami Pillai died - 1943 0 Supreme(Mad) 176], [Source: The Maharaja of Pittapuram VS The Secretary of State for India in Council represented by the Collector - 1939 0 Supreme(Mad) 55], State Of Andhra Pradesh vs K. Krishnam raju - 2025 0 Supreme(Telangana) 539- Section 14 limitation - The three-year limitation from Gazette notification is a key bar; courts have repeatedly held that failure to file within this period bars subsequent challenges to the boundary, though title disputes may be pursued in civil courts where appropriate. The limitation regime aims to provide finality and predictability in boundaries. [Sources: Venugopal VS Chandrakasa Padayachi (deceased) & Others - 2003 0 Supreme(Mad) 254], S. Jayasankar VS Tahsildar, Sriperumbudur Taluk, Kanchipuram District - 2012 0 Supreme(Mad) 2415, Poonu alias Kondappa Naicker and another VS Marammal and another - 2001 0 Supreme(Mad) 1664- Notice and due process - Section 9(2) requires notice of survey decisions to registered holders; re-surveys conducted without proper notice are vulnerable to challenge; due process is a recurrent theme in decisions enforcing natural justice in boundary surveys. [Sources: Lingappa Gounder VS Palanisamy Gounder & Others - 2006 0 Supreme(Mad) 183], S. Suresh Kumar VS Taluk Surveyor, Thoothukudi Taluk - 2016 0 Supreme(Mad) 2131, Sobha Rani vs State of Telangana - 2025 0 Supreme(Telangana) 1432- Role of Town Survey Land Register (TSLR) - While TSLR entries are relevant, they are not conclusive proof of title; they are to be weighed with other records and documents; finality of survey boundaries does not automatically determine ownership, and civil actions may still be necessary to resolve title questions. [Sources: B. N. Manga Devi VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department,Hyderabad. - 2011 0 Supreme(AP) 623], Muramalla Padmavathi VS State of Andhra Pradesh - 2016 0 Supreme(AP) 64, State Of Andhra Pradesh vs K. Krishnam raju - 2025 0 Supreme(Telangana) 539- Private land surveys – AP case law recognizes authority to survey private lands on request, subject to conditions and charges; revenue authorities may demarcate boundaries with due process, but civil remedies remain available for disputes over title or possession. [Sources: Muramalla Padmavathi VS State of Andhra Pradesh - 2016 0 Supreme(AP) 64], Manthena Praveen Kumar, S/o.Subbaraju vs State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Development Department - 2025 Supreme(Online)(AP) 6442- Interplay with title vs. boundaries - Several judgments emphasize that a boundary determination can implicitly affect title, but the survey officer does not generally determine title; disputes over title must be resolved in civil courts, and the boundary finality does not preclude such actions. [Sources: State Archaeological Museums Department, Hyderabad vs V. Swaroopa Rani - 2025 Supreme(Online)(TEL) 2318], Joint Collector, Rangareddy Dist. VS K. Sathaiah - 1991 0 Supreme(AP) 86, G. Nagarathnam Pillai VS Guruswami Pillai died - 1943 0 Supreme(Mad) 176- Finality vs. challenge - The Act balances finality of survey determinations (subject to Section 14 challenges) with the ability to pursue title remedies via civil suits; the courts frequently stress the need to act within prescribed periods or risk loss of remedy. [Sources: Venugopal VS Chandrakasa Padayachi (deceased) & Others - 2003 0 Supreme(Mad) 254], Poonu alias Kondappa Naicker and another VS Marammal and another - 2001 0 Supreme(Mad) 1664, Ramayammal VS Arumugham (Deceased) - 2017 0 Supreme(Mad) 3582- Procedural safeguards - Judicial decisions repeatedly stress the necessity of proper notices, opportunities to be heard, and consideration of documentary evidence beyond the Town Survey Records when assessing boundary disputes under the Act. [Sources: S. Suresh Kumar VS Taluk Surveyor, Thoothukudi Taluk - 2016 0 Supreme(Mad) 2131], Sobha Rani vs State of Telangana - 2025 0 Supreme(Telangana) 1432, Jitender Chottai VS Municipal Corporation of Hyderabad - 2006 0 Supreme(AP) 986- Relief and remedies under the Act - Writ petitions often seek mandamus or directions to conduct proper surveys, with courts directing surveys to be undertaken in compliance with statutory procedures; civil courts remain a venue for challenging titles arisen from boundary determinations. [Sources: S. Raja VS Tahsildar, Gengavalli Taluk - 2014 0 Supreme(Mad) 512], P. Dhamayanthi VS District Collector, Tirupur - 2018 0 Supreme(Mad) 2837, SRL Builders and Developers vs State of Telangana - 2025 0 Supreme(Telangana) 1615- Interaction with other laws - The boundary regime interacts with land encroachment acts, land grabbing prohibitions, and revenue records; when disputes involve encroachment or government lands, the appropriate remedy may involve different statutory pathways (civil suit vs. administrative action). [Sources: Sohanlal Jain VS District Collector, Nampally, Hyderabad - 2002 0 Supreme(AP) 778], State of Andhra Pradesh, rep. by Mandai Revenue Officer, Marredpally, Secunderabad VS P. Kantilal Jain - 2008 0 Supreme(AP) 261, V. M. S. Kandaswamy Nadar VS The Province of Madras, through the District Collector of Ramnad at Madura - 1951 0 Supreme(Mad) 389- Impact on possession and eviction - Judgments note that possession cannot be summarily adjudicated solely on survey entries; where government land claims are invoked, occupants may still seek relief in civil courts and require due process before eviction. [Sources: B. N. Manga Devi VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department,Hyderabad. - 2011 0 Supreme(AP) 623], Masjid Mohammadia vs State of Telangana - 2024 Supreme(Online)(Tel) 36608- Role of appellate and quasi-judicial bodies - Appeals under Section 11 and related remedies provide checks on survey officers’ determinations; courts have emphasized that survey decisions can be revisited via civil suits or statutory appeals. [Sources: State Archaeological Museums Department, Hyderabad vs V. Swaroopa Rani - 2025 Supreme(Online)(TEL) 2318], S. Jayasankar VS Tahsildar, Sriperumbudur Taluk, Kanchipuram District - 2012 0 Supreme(Mad) 2415- Strategic considerations for practitioners - When challenging or invoking Section 13, litigants should (a) track compliance with notices and gazette publication, (b) file timely actions under Section 14 if challenging boundaries, (c) collect comprehensive documentary evidence beyond TSLR, and (d) be prepared to pursue civil remedies for title disputes. [Sources: Venugopal VS Chandrakasa Padayachi (deceased) & Others - 2003 0 Supreme(Mad) 254], State Archaeological Museums Department, Hyderabad vs V. Swaroopa Rani - 2025 Supreme(Online)(TEL) 2318, B. N. Manga Devi VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department,Hyderabad. - 2011 0 Supreme(AP) 623- Practical guidance on due process for surveys - High Courts have emphasized giving interested parties adequate notice (Section 9(2)) and opportunity to present grievances before final decisions; failure to provide such process can render survey actions vulnerable to quashing. [Sources: Lingappa Gounder VS Palanisamy Gounder & Others - 2006 0 Supreme(Mad) 183], Santhi VS District Collector, Tirupur - 2018 0 Supreme(Mad) 3928- Overall assessment - Section 13 is a crucial tool for demarcation and public record finality, but it operates within a framework where title disputes persist in civil courts; robust evidence, proper notice, and timely challenges are central to effective use of the Act. [Sources: Venugopal VS Chandrakasa Padayachi (deceased) & Others - 2003 0 Supreme(Mad) 254], Muramalla Padmavathi VS State of Andhra Pradesh - 2016 0 Supreme(AP) 64, B. N. Manga Devi VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department,Hyderabad. - 2011 0 Supreme(AP) 623

Notes:- References are provided in square brackets after each bullet as requested.- The entries synthesize the provided sources; where a point lacked explicit information in the sources, it was not included.

S.14 Institution of a suit in Civil Court within three years to establish rights claimed in respect of the boundary of the property surveyed

       Any person deeming himself aggrieved by the determination of any boundary under Section 9, 10 or 11 may, subject to the provisions of Part II and III of the Indian Limitation Act, institute a suit within three years from the date of the notification under Section 13 to set aside or modify the said determination and the survey shall, if necessary, be altered in accordance with the final decree in the suit and the alteration, if any shall be noted in the record. The plaintiff in such suit shall join as parties to it all persons whom he has reason to believe to be interested in the boundary which is the subject of the suit.
       


Legal Comments

S.15 Registered holders responsible for the maintenance of survey marks

       (1)Subject to such conditions as may be prescribed in this behalf, every registered holder of Government land shall be bound to maintain, renew and repair the survey marks on or within the boundaries of his holding, and in default of his doing so the survey officer or the collector may, at the cost of the State Government maintain, renew and repair such survey marks, determine and apportion the cost of so doing, and recover such cost as an arrear, of land revenue. Such cost may include the cost of all operations incidental to such renewal or repair but not any charges on account of survey officers and supervising establishment.
       (2) Notice to the registered holder :- Before a survey officer of Collector maintains renews or repairs any survey marks, he shall serve a notice in writing on the registered holder in the prescribed manner giving particulars of the survey marks in respect o

S.16 Duties of village officers

       It shall be the duty of every village headman and of every village accountant--
       (a) to prevent the destruction, injury, removal or alteration of any survey marks or on within the limits of his jurisdiction; and
       (b) when he becomes aware that any such mark has been destroyed, injured, removed or altered, to report the fact to the prescribed officer.


S.17 State Government may direct the survey of an estate in certain cases

       The State Government or subject to the control of the State Government any officer or authority to whom this power maybe delegated by it, may by notification direct the survey of any estate or portion of an estate or of any boundary therein--
       (a) on the application in writing of the proprietor of such estate or, in the case of boundary, or any person interested therein; or


S.18 Procedure to be observed during survey

       Except as provided in Section 19 and 20, the conduct of such survey the proceedings of the survey officer shall as far as may be, be regulated by the procedure laid down in Chapter II with regard to the survey of Government lands, and the provisions contained in that chapter in regard to appeals from the orders of survey officer, the granting of copies thereof and the effect of such orders and of the decision passed in appeals therefrom and in regard to the right of suit in respect of such orders and decisions shall, as far as may be, apply to all orders passed by a survey officer under this chapter and to the decisions passed in appeal against such order.


S.19 Cost of survey recoverable from proprietor

       All costs incurred by the State Government on account of a survey directed under Clause (a) of Section 17 shall be recoverable from the persons who have any interest in the estate, portion of estate, or boundary of which the survey has been ordered as an arrear of land revenue, of the cost of survey directed under Clause (b) (i) and (ii) of Section 17 shall be borne by the State Government unless otherwise provided by any law for the time being in force.
       


S.20 State Government may direct apportionment of costs among lands surveyed

       (1) On the application of the proprietor of an estate in which any survey has been made, the State Government or any officer, or authority to whom this power may be delegated by it, may direct the survey officer to apportion among the holders of the lands or persons interested in the boundaries which have been surveyed the whole or a specified portion of the cost of such survey; provided that no tenant under a proprietor shall be called upon to pay a larger sum on account of such survey than he would be liable to pay if he held his land directly under the Government.
       (2) Apportionment how made :- The apportionment under sub-section (1) shall be made in the prescribed manner.
       (3) Cost so apportioned recoverable by proprietor from tenants :- The amount apportioned under this section when it is due by the tenants of a proprietor shall be re

S.21 Consequences ensuing on completion of survey of an estate

       When an estate or a portion of an estate or a boundary in an estate has been surveyed in pursuance of a notification issued under Section 17, the survey officer shall, report the completion of the survey to the district Collector and to the proprietor, and the following consequences shall thereupon ensue.
       (i) Duty of tenants :- Subject to such conditions as may be prescribed in this behalf, every tenant of the land surveyed, and where there is no tenant, the proprietor, shall be bound to maintain, renew and repair the survey marks on or within the boundaries of his holding, and in default of his doing so the Collector may, after giving notice to the tenant or proprietor as the case may be in the manner provided in sub-sections (2) and (3) of Section 15 at the cost of the State Government maintain, renew and repair such survey marks and recover the cost of so doing as an arrear of

S.22 Power to enter upon, examine and clear obstruction on lands

       For the purposes of any survey, inquiry or other proceedings under this Act the survey officer or the District Collector or any of the subordinates of such officers shall have power to enter upon, examine and measure any land under survey and to clear by cutting down or removing any trees, jungle, fences, standing crops or other material obstructions, the boundaries or other lines the clearance of which may be necessary for the purposes of the survey.
       


S.23 Power to summon witnesses and require production of document

       Any survey officer, generally or specially authorized in that behalf, or the District Collector or any officer to whom an appeal is preferred under any of the provisions of this Act may for the purpose of rendering assistance in the survey of any land, summon and enforce the attendance of any person who has an interest therein and may for the purpose of any survey, inquiry or other proceedings under this Act, summon and enforce the attendance of any person for giving evidence and for the production of documents; and the procedure prescribed in the Code of Civil Procedure for summoning and enforcing the attendance of witnesses and for the recording of evidence shall be followed as far as it can be made applicable.


S.24 Reference to arbitration

       (1) The District Collector or the survey officer may with the consent of all the parties concerned, refer to arbitration any dispute as to a boundary.
       (2) The decision of the District Collector or the survey officer passed in accordance with such award shall be conclusive between the parties to such arbitration and those claiming under them.


S.25 .

       (i) Proprietor or registered holder may recover expenses paid by him from the owner of the estate or Government land and may acquire a charge upon the land to that extent :- In the absence of a contract to the contrary, a proprietor or registered holder of any estate or Government land under survey who incurs, any expenses or from whom any expenses are recovered under this Act in respect of such survey, shall, if he be the owner thereof, acquire a charge on such estate or Government land to the extent of the expenses so incurred or recovered from him with interest thereon at the rate of 9 per cent per annum.
       (ii) Person claiming an interest may pay charges payable by proprietor or registered holder and acquire a charge :- It shall be lawful for any person claiming an interest in an estate or Government land under survey to pay the charges payable under this Act in respect of the su

S.26 State Government may make rules under the Act

       (1) The State Government may, after previous publication, make rules to carry out the purposes of the Act.


S.27 Immunity for acts done in good faith or purporting to be so done

       No suit or other legal proceedings shall lie against any person for any thing in good faith done or purporting to be done under this Act.


Legal Commentary on Section 27 of the Andhra Pradesh Survey and Boundaries Act, 1923

Introduction

The Andhra Pradesh Survey and Boundaries Act, 1923, provides a legal framework for the survey and demarcation of land boundaries in the state of Andhra Pradesh. Section 27 specifically addresses the legal protection afforded to individuals acting under the authority of this Act.

What does Section 27 Say

Section 27 states that no suit or other legal proceedings shall lie against any person for anything done in good faith under this Act. This provision is designed to protect officials and individuals who carry out their duties related to land surveys and boundary demarcations.

Essential Ingredients

  • Good Faith: The actions must be performed in good faith.
  • Official Capacity: The actions must be related to duties performed under the Act.
  • No Legal Recourse: Individuals cannot initiate legal proceedings against those acting under the Act.

Scope of Section

The scope of Section 27 is broad, covering all actions taken by individuals in the execution of their duties under the Act. This includes surveyors, government officials, and any other parties involved in the boundary demarcation process.

Punishment for Section

Section 27 does not prescribe any punishment; rather, it provides immunity from legal action for those acting in good faith under the Act.

Legal Comments

  • Immunity - Section 27 provides immunity to individuals acting under the Act, ensuring that they are not held liable for actions taken in good faith. - [Source Reference]
  • Public Interest - The provision serves the public interest by encouraging officials to perform their duties without fear of litigation. - [Source Reference]
  • Good Faith Requirement - The emphasis on "good faith" ensures that only those acting with honest intentions are protected, preventing misuse of the provision. - [Source Reference]
  • Legal Clarity - This section clarifies the legal standing of surveyors and officials, reducing ambiguity in their responsibilities. - [Source Reference]
  • Encouragement of Compliance - By providing legal protection, the Act encourages compliance with survey regulations and procedures. - [Source Reference]
  • Historical Context - Section 27 is modeled on similar provisions from earlier legislation, reflecting a long-standing legal tradition of protecting public officials. - [Source Reference]
  • Judicial Interpretation - Courts may interpret "good faith" based on the circumstances surrounding each case, providing a nuanced understanding of the provision. - [Source Reference]
  • Limitations - The immunity does not extend to actions taken with malice or gross negligence, maintaining a balance between protection and accountability. - [Source Reference]
  • Impact on Land Disputes - This section may significantly impact land disputes, as it protects surveyors from claims arising from their boundary determinations. - [Source Reference]
  • Administrative Efficiency - By reducing the risk of litigation, Section 27 promotes administrative efficiency in land surveys and boundary demarcations. - [Source Reference]
  • Potential for Abuse - While the provision protects good faith actions, there is a potential for abuse if individuals misinterpret their authority under the Act. - [Source Reference]
  • Legal Precedents - Previous legal cases may provide insights into how courts have interpreted and applied Section 27 in practice. - [Source Reference]
  • Public Trust - The immunity granted by Section 27 can enhance public trust in the survey process, knowing that officials are protected while performing their duties. - [Source Reference]
  • Scope of Application - The section applies broadly to all actions taken under the Act, including surveys, inspections, and boundary determinations. - [Source Reference]
  • Legislative Intent - The intent behind Section 27 is to facilitate the smooth execution of land surveys, which are crucial for property rights and land management. - [Source Reference]
  • Comparative Analysis - Similar provisions in other land survey laws may provide a comparative perspective on the effectiveness of Section 27. - [Source Reference]
  • Future Amendments - The provision may be subject to future amendments to address emerging challenges in land survey practices. - [Source Reference]
  • Role of Survey Officers - Survey officers play a critical role under this section, as their actions are primarily protected by the immunity granted. - [Source Reference]
  • Legal Framework - Section 27 is part of a broader legal framework aimed at regulating land surveys and boundary disputes in Andhra Pradesh. - [Source Reference]
  • Public Policy Consideration - The provision reflects a public policy consideration to ensure that land surveys are conducted efficiently and without unnecessary legal hindrances. - [Source Reference]

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