BENGAL ALLUVION AND DILUVION REGULATION, 1825
In consequence of the frequent changes which take place in the channel of the principal rivers that intersect the Provinces immediately subject to the 1[Presidency of Fort William] and the shifting of the sands which lie in the beds of those rivers, chars, or small islands are often thrown up by alluvion in the midst of the stream or near one of the banks, and large portions of land are carried away by an encroachment of the river on one side, whilst accessions of land are at the same time, or in subsequent years, gained by dereliction of the water on the opposite side; similar instances of alluvion, encroachment and dereliction also sometimes occur on the sea-coast which borders the southern and south eastern limits of Bengal.
The lands gained from the rivers or sea by means above-mentioned are a frequent source of contention and affray, and although the law and custom of the cou
Whenever any clear and definite usage of shikast paiwast respecting the disjunction and conjunction of land by the encroachment or recess of river may have been immediately established, for determining the rights of the proprietors of two or more contiguous estates divided by power (such as that the main channel of the river dividing the estates shall be the constant boundary between them, whatever changes may take place in the course of the river, by encroachment on one side and accession on the other), the usage so established shall govern the decision of all claims and disputes relative to alluvial land between the parties whose estates may be liable to such usage.
CASE LAW :
Regulation 2 of the Bengal Alluvion and Diluvion Regulation, 1825-Claims or disputes in relation to alluvial lands or dereliction thereof- It has been provided in the Regulation that if a custom or usag
Where there may be no legal usage of the nature referred to in the preceding section, the general rules declared in the following section shall be applied to the determination of all claims and disputes relative to lands gained by alluvion or by dereliction either of a river or the sea.
First-When land may be gained by gradual accession, whether from the recess of a river or of the sea, it shall be considered an increment to the tenure of the person to whose land or estate it is thus annexed, whether such land or estate be held immediately from 2[the Government] by a zamindar or other superior land-holder, or as a subordinate tenure by any description or under-tenant whatever :
Extent of interest in increment of person in possession-Provided that the increment of land thus obtained shall not entitle the person in possession of the estate or tenure to which the land may be annexed to a right of property or permanent interest therein beyond that possessed by him in the estate or tenure to which the land may be annexed and shall not in any case be understood to exempt the holder of it from the payment to 1[the Government] of any assessment for the public revenue t
Nothing in this Regulation shall be construed to justify any encroachments by individuals on the beds or channels of navigable, rivers, or to prevent zila 1[* * *] Magistrates or any other officers of 2[the Government] who may be duly empowered for that purpose from removing obstacles which appear to interfere with the sate and customary navigation of such river, or which shall in any respect obstruct the passage of boats by tracking on the banks of such rivers or otherwise.
Note
Legislative changes-Short title - This short title was given by the Amending Act, 1897 (V of 1897) Schedule III.
Local extent - This Regulation was passed for the whole of the former Province of Bengal-See the concluding Paragraph of Section 1.
It has been declared by the
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