Searching Case Laws & Precedent on Legal Query.....!
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Survey of Sarkar Property First - The relevant provision for surveying a Sarkar (government) property is outlined under the Kerala Survey and Boundaries Act, 1961, and Rules framed thereunder, which mandate that government lands, including Sarkar poramboke (public land), should be surveyed and boundaries demarcated following prescribed procedures. The Act emphasizes that survey authorities are responsible for fixing boundaries based on records, and that re-survey can be conducted to resolve boundary disputes ["NANDAKUMAR .V vs STATE OF KERALA - Kerala"], ["IND_HC_HCGA010564782018"].
Boundary Demarcation vs. Re-survey - The rules specify that boundary demarcation involves physically marking the property boundaries, especially for government or public lands, and that this process does not include resolving title disputes—such disputes are to be settled through civil courts. The survey officer's role is limited to measurement and marking, not adjudicating property rights ["IND_HC_HCGA010564782018"], ["T.Gothai vs The District Collector, Villupuram District - Madras"].
Procedure for Surveying Sarkar Property - The procedure involves serving notice to neighboring landowners, collecting relevant land records, and conducting on-site measurement. If boundary disputes arise, the survey authority cannot decide on ownership issues; instead, parties must approach civil courts. The process includes fixing survey stones, preparing survey sketches, and following rules for subdivision or correction of previous surveys ["NANDAKUMAR .V vs STATE OF KERALA - Kerala"], ["IND_HC_HCGA010564782018"].
Special Considerations for Sarkar Property - In cases where the property is classified as poramboke or government land, the survey is primarily to demarcate boundaries based on official records, and the survey process is not meant to settle boundary or title disputes. The authorities are bound to follow the legal procedures, and any dispute regarding ownership must be resolved civilly, not through survey officers' authority ["IND_HC_HCGA010564782018"], ["T.Gothai vs The District Collector, Villupuram District - Madras"].
The primary legal framework governing the survey of Sarkar property is the Kerala Survey and Boundaries Act, 1961, along with its Rules, which stipulate that government lands should be surveyed and boundaries fixed following standard procedures. The survey process involves measurement, demarcation, and record-keeping, but does not extend to resolving boundary or ownership disputes—such matters are to be settled through civil courts. When surveying Sarkar property, the authorities must adhere to these provisions, ensuring boundary demarcation based on official records, and avoid adjudicating property rights during the survey process.
References:- Provisions are made under Kerala Survey and Boundaries Rules 1964, for inspection, upkeep and repair of survey marks by the authority concerned. The Rules provide the procedure for conducting survey, resurvey, effecting subdivisions, correction in the previous survey measurements, etc. ["NANDAKUMAR .V vs STATE OF KERALA - Kerala"]- The survey authorities are bound to measure the property as per the records and fix the boundary and if necessary sub division is also to be allotted ... such power does not include resolving title or boundary disputes. ["IND_HC_HCGA010564782018"]- The process involves serving notice to neighboring landowners, collecting relevant documents, and fixing survey stones, but cannot decide questions regarding ownership. ["IND_HC_HCGA010564782018"]- In case of boundary disputes, parties must approach civil courts; survey officers do not have authority to decide ownership issues. ["T.Gothai vs The District Collector, Villupuram District - Madras"]
Land ownership in India, particularly in states like Karnataka, often hinges on accurate surveys and clear boundary demarcations. A common query arises: when Sarkar property—typically government-owned or poramboke land—is involved, must it be surveyed first? What is the relevant provision in the Survey and Boundary Rules? This question is crucial for landowners, developers, and authorities dealing with boundary disputes or land records.
In this post, we explore the legal framework, primarily Section 124 of the Karnataka Land Revenue Code, along with associated rules. We'll break down the survey process, practical steps, and insights from relevant cases. Note: This is general information based on legal provisions and judgments; consult a qualified lawyer for advice specific to your situation.
Sarkar property refers to government land, often classified as poramboke (waste or unassessed land not assigned for specific use). Surveying such land is essential before private holdings to establish baselines for boundaries. As noted in one case, the property is a sarkar poramboke and it cannot be surveyed at the instance of the boundary must be demarcated. Sri Pattinam Kathar @ Satha Ayyanar Temple vs THE DISTRICT COLLECTOR This underscores that government land surveys often precede private ones to avoid encroachments or disputes.
The cornerstone provision is Section 124 of the Karnataka Land Revenue Code, which mandates fixing and demarcating boundaries for villages, survey numbers, and plots. Here's a breakdown:
Associated Survey and Boundary Rules detail implementation:- Rule 2: Boundaries of survey numbers or plots shall be demarcated by prescribed marks or physical landmarks. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 76- Rules 3, 9, and 13: Cover erection, annual inspection, repairs, and handling missing marks or disputes. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 76
Boundary marks include stones, fences, unploughed strips, or dhuras, ensuring permanence. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 76
When Sarkar property requires surveying:1. Verify Existing Marks: The survey officer first checks for permanent boundary marks under Section 124. If present, the survey relies on them. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 762. Absence of Marks: Determine boundaries via neighboring survey numbers, physical landmarks, and land records. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 763. Fixing Boundaries: Mark on-ground with stones or prescribed marks, record in survey documents. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 764. Disputed Cases: Conduct inquiries, examine records, and fix boundaries before finalization. The Tahsildar or survey officer decides based on evidence. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 76
This process ensures Sarkar land is surveyed first as a reference, preventing overlaps. In practice, notices are issued to neighbors, as in cases where after serving notice on all the neighboring land owners the land was surveyed and boundary was fixed. A K GOPALAN vs THE DISTRICT COLLECTOR - 2018 Supreme(Online)(KER) 45980
Judicial precedents reinforce these rules, especially in disputes:
These cases highlight that surveys must align with records, and disputes don't halt government land demarcation. Francisco Xavier Rose Almeida VS Antonio Columban Wilson das Dores Fernandes alias Wilson Fernandes - 2015 Supreme(Bom) 607
Courts remand for fresh evidence if records overlooked, emphasizing thorough inquiries. Cheriyanad Grama Panchayath Cheriyanad P. O. Cheriyanad VS State of Kerala, Represented By The District Collector, Alleppy, Collectorate, Aleppy - 2019 Supreme(Ker) 759
To navigate Sarkar property surveys:- Pre-Survey Check: Confirm permanent marks per Section 124. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 76- Gather Documents: Use old plans, neighbor records; challenge authenticity if needed. Gerson Ferreira VS Inacio Cruz dos M. Paes and others - 1994 Supreme(Bom) 517- Issue Notices: Serve on neighbors via Form No.12. A K GOPALAN vs THE DISTRICT COLLECTOR - 2018 Supreme(Online)(KER) 45980- Document Everything: Record proceedings for disputes. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 76- Seek Tahsildar/Collector: For disputes, invoke Sections 113/124. Gerson Ferreira VS Inacio Cruz dos M. Paes and others - 1994 Supreme(Bom) 517- Avoid Unauthorized Surveys: Sarkar land needs official initiation. Sri Pattinam Kathar @ Satha Ayyanar Temple vs THE DISTRICT COLLECTOR
Surveying Sarkar property first aligns with Section 124 of the Karnataka Land Revenue Code and Survey and Boundary Rules, ensuring accurate demarcations and minimizing disputes. By prioritizing government land boundaries, the system protects public interest while guiding private surveys.
Key Takeaways:- Always verify permanent marks before surveys. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 76- Use land records and inquiries for missing boundaries. Sunil Chajed, S/o. Late H. Devichand VS State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. - 2022 0 Supreme(Kar) 76- Collectors can resolve post-survey disputes under Section 113. Gerson Ferreira VS Inacio Cruz dos M. Paes and others - 1994 Supreme(Bom) 517- Case law supports re-surveys and encroachments removal. A K GOPALAN vs THE DISTRICT COLLECTOR - 2018 Supreme(Online)(KER) 45980
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#KarnatakaLandLaws, #SarkarPropertySurvey, #BoundaryDemarcation
It is the case of the petitioner that though the property was common, however, each co-owner was enjoying specifically distinct portions of the property. To the north of this property there is property belonging to respondent No. 1 presently surveyed under No. 107/1. ... In other words the impugned judgment of the Tribunal has held the judgment of the Deputy Collector which has directed that the property surveyed under No. 107/4 could be re-surveyed ....
According to him, the property is a sarkar poramboke and it cannot be surveyed at the instance of the boundary must be demarcated. ... Therefore, the second respondent is directed to conduct survey and demarcate the boundary within a period of The only prayer made in the writ petition is that the petition mentioned temple land must be surveyed
Both in the suit and appeal suit, appellants are parties and by suppressing the said fact, the first respondent secured orders from the writ Court to survey subject property. 3. ... In the present case, attempt has been made to resolve the boundary dispute, which is relateable to property right. Such a power has not been conferred to the Survey Officer. ... On receipt of the application, the competent authority has to consider the same by following the procedures as contemplated under the Patta Pass Book Act and #HL_STA....
Learned Counsel has thereafter taken me through the City Survey Plan to point out that the eastern boundary of the property surveyed under chalta no. 17 is of irregular shape whereas the plans which were approved by the Respondents were showing a straight boundary separating the boundary of the Appellants ... The Respondents were also directed to maintain a free unobstructed access of 1.5 metres on the western side of the proposed construction under the extended first floor for the use....
It is stated that after serving notice on all the neighboring land owners the land was surveyed and boundary was fixed. However, survey stones could not be erected since there was shortage of survey stones. ... It is stated that after collecting relevant documents from the Village Officer, the application was transferred to the Taluk Surveyor and notice had been issued in Form No.12 to the neighbouring land owners. ... Second respondent has filed a counter affidavit, wherein it is stated that an extent of 34.30 ares of land in Block No.20....
Lotlikar, learned Senior Counsel appearing for the appellants submits that there is a boundary dispute between the property belonging to the appellants and the respondent as, according to him, the property of the appellants is surveyed under No.58/9 of village Sernabatim and a portion thereof is surveyed ... The learned Counsel further points out that in the documents produced by the appellants, there is nothing to suggest that any portion of the property surveyed und....
Lotlikar, learned Senior Counsel appearing for the appellants submits that there is a boundary dispute between the property belonging to the appellants and the respondent as, according to him, the property of the appellants is surveyed under No.58/9 of village Sernabatim and a portion thereof is surveyed ... The learned Counsel further points out that in the documents produced by the appellants, there is nothing to suggest that any portion of the property surveyed und....
surveyed under No. ... surveyed under No. ... surveyed under No. 118 ? ... surveyed under no. 118/0 as, according to him, the property which is tenanted to the Respondents is surveyed under no. 175/3 which is located on the description of the property must be sufficient to p style="position:absolute;white-space
Also, when starting the survey of a village, the entire government lands are surveyed and transferred to the name of the government according to the existing revenue records at first. ... Provisions are made under Kerala Survey and Boundaries Rules 1964, for inspection, upkeep and repair of survey marks by the authority concerned. The Rules provide the procedure for conducting survey, resurvey, effecting subdivisions, correction in the previous survey measurements, etc. ... After re-fixing the government land, private La....
Apart from that, the northern boundary of the property surveyed under No.2/5 is at a distance of approximately 44 metres from the northern boundary of the property surveyed under No.21 4. ... The learned counsel further pointed out that this itself suggest that the property between the northern boundary of the property surveyed under No.2/S and the northern boundary of the property#HL_EN....
(2) In any suit under sub-section (1) the plaintiff shall join as parties to the suit all persons whom he has reason to believe to be interested in the boundary which is subject to the suit.” Right to institute a suit in respect of boundary of the property surveyed.— (1) Any person deeming himself aggrieved by the determination of any boundary under section 9, Section 10 or Section 11 may, subject to the provisions of the law of limitation in force for the time being, institute a suit within one year from the date of the notification under Section 13 to set aside or modify ....
What is relevant is as to whether Sajal Sarkar continued to be in course of employment under respondent Nos. 1 and 2 at the time of sustaining injuries in the accident culminating in his death. The Courts below have rejected the claim petition on the ground that there is contradiction in the claimants case since there was no mention of mechanical defect in the truck in the First Information Report. Sajal Sarkar was at Churaibari, Dharmanagar only on account of his employment as driver of the truck and there he met with the road accident."
When surveyor already demarcated schedule property and fixed boundary stones to respective extents of both parties, question of again appointing advocate commissioner to demarcate the property and fix boundary stones to the property of the respondents is erroneous on the face of record in the absence of any allegation that the boundary stones are removed. Yet, the relief claimed by the petitioner in clause (b) is only to confirm the survey and demarcation of schedule property conducted by the surveyor by fixing boundary stones to respective extents of both parties. In para Nos. 7 a....
314/19 extends much beyond the western boundary of the property surveyed under no. 341/2 extends much beyond the said two portions of the property purchased by the Appellants under survey nos. So also, on perusal of the Plan, the northern boundary of the property purchased by the Appellants, is the property surveyed under no. 341/2. On perusal of the Survey Plan at exhibit 27, the western boundary of the property surveyed under no. In such circumstances, on perusal of the plan at exhibit 27, it appears that the western boundary of the property surveyed und....
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