INTRODUCTION
The revenue officer has the power of erecting boundary marks after making the survey of the land. Such boundary marks are erected at the time of the division of the estate. Such boundary marks refer to the area on the land on which the land owner exercises his right of ownership. Any person who destroys the boundary marks is liable to fine. The interested landowners have to pay the costs of erection and maintenance.
RELEVANT PROVISIONS
Sections 116 to 134 of the Land Revenue Act, of 1967 are relating to surveys and Boundaries۔
Cross-reference:
- Forest Act 1927
- Section 434 of PPC, 1860
- Section 24 of Land Acquisition Act 1894
DEFINITION OF BOUNDARY MARK
Boundary marks mean any erection, whether of earth stone, or other material any hedge unploughed ridge, or strip of ground, or other object or mark whether natural or artificial, set up, employed, or specified by a revenue officer having authority on that behalf in order to designate the boundary of any division of land۔
MEANING OF SURVEY MARK
Survey mark means any mark set by the Department of Survey of Pakistan۔
SURVEY NUMBER OR KHASARA NUMBER
“Survey Number” or “Khasra Number” means a portion of the land of which the area is separately entered under an indicative number in the record of rights.
SURVEY MARKS USED
1. Tri-junction pillars or platforms:
Tri-junction pillars or platforms or shaddas are erected at every point where the boundaries of more than two estates meet.
2. Burjis:
Burjis (mud pillars or stone slabs) are set up at every angle on the boundary line between two shades.
3. Masonry:
Masonry or stone pillars at the comers of survey squares or rectangles.
A REVENUE SURVEY MAY BE INTRODUCED
Board of Revenue direct by notification the Survey of any land:
It shall be lawful for the Board of Revenue, whenever it may deem expedient, to direct by notification, the survey of any land in any part of the province with a view to the settlement of land revenue, the preparation of records-of-rights and preservation thereof or for any other similar purpose, and such survey shall be called a revenue survey.
Revenue Survey may extend to any, village, town, or city:
A revenue survey may extend to the lands of any village town or city generally or to Such land only as may be specified in the notification.
Orders of the Board of Revenue shall be lawful while conducting a survey:
Subject to the orders of the Board of Revenue, it shall be lawful for the officers conducting any such survey to except any land to which it may not seem expedient that such survey should extend.
POWER OF REVENUE OF OFFICERS TO DEFINE BOUNDARIES
Power to define the limit of any estate:
A Revenue Officer may, for the Purpose of framing any record of making any assessment under this Act, or on the application of any person interested, define the limits of any estate, or of any holding field or other portion of an estate, and may for the purpose of indicating those limits require boundary marks to erected or repaired.
Power to erect any boundary already determined:
In defining the limits of any land under sub-section (1), the Revenue Officer may cause boundary marks to be erected on any boundary already determined by or by order of any Court of Revenue Officer or any Forest Settlement Officer appointed under the Forest Act, 1927 (Act XVI of 1927), or restore any boundary mark already set up by, or by order of any Court of any such Officer.
SURVEY FOR THE PURPOSE OF PREPARATION OF RECORDS
Notice or proclamation to all interested persons:
When any land is being surveyed in pursuance of rules under clause (c) of Section 55 or under Section 116 any Revenue Officer directing the survey may, by notice or proclamation require all persons having rights or interests in the land to attend personally or through an authorized agent and indicate with a specified time by temporary marks of a kind to be described in the notice or proclamation the limits of those rights or interests
Notice of Proclamation fails to comply with the interested person:
if a person to whom the notice or proclamation addressed fails to comply with the requisition, he shall be liable at the discretion of the Revenue Officer, to a fine which may extend to fifty rupees.
ASSISTANCE TO BE GIVEN IN THE MEASUREMENT OF LANDS
Call upon all interested persons to assist in measurement or classification:
It shall be lawful for the Revenue Officer to call upon all owners of land and other persons interested therein to assist in the measurement or classification of the land to which the survey extends by providing flag-holders and such owners shall be bound to provide suitable persons to act as flag-holders and chairman, and such owners shall be bound to provide suitable persons to act as flag-holders and chairman.
Interested persons fail to provide suitable persons:
If the owners of the land fail to provide suitable persons to act as flag-holders and chairman or do not provide them in sufficient numbers and it becomes necessary to employ hired labor for the object aforesaid, or another similar object incidental to survey operations, it shall be lawful to assess the cost thereof with all contingent expenses, on the lands surveyed, for collection as an arrear of land revenue from such owners.
PROFESSIONAL SURVEYS
If it is found necessary to make a survey by an agency other than that of Revenue Officers and Village Officers, the Board of Revenue may publish a notification stating:
- the local area to be surveyed and the nature of the survey
- the names or official designations of the officers by whom the survey is to be made
- the kind of boundary marks to be created by those officers
From the date of notification, the officers specified therein, and the persons acting under their orders shall have, for the purpose of the survey, the powers conferred on Revenue Officers by Section 30.
POWER OF THE BOARD OF REVENUE TO MAKE RULES
Board of Revenue makes rule of erection:
The Board of Revenue may make rules as to the manner in which the boundaries of all or any of the estates in any local area are to be demarcated and as to the boundary marks to be erected within those estates.
Rules may be prescribed:
Rules under this section may prescribe, among other matters, the form of boundary marks and the material to be used in their construction.
EFFECT OF THE SETTLEMENT OF BOUNDARY
The settlement of a boundary is determinative
- of the proper position of the boundary line or boundary marks
- of the night of the land-owners on either side of the boundary foxed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.
Where a boundary has been so fixed, the Collector may under rules to be framed on this behalf by the Board of Revenue with the previous approval of the Government, evict any land-owner who is wrongfully in possession of any land which has been adjudged in the statement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.
POWER TO FIX BOUNDARY BETWEEN RIVERAIN ESTATES
Two or more estates are subject to river action:
When any two or more estates are subject to river action and the limits of any such estates are any law, rule or custom or usage, order, or decree of any court or Authority. applicable thereto, liable to vary according as variations may from time to time occur in the course of action of such river, the Board of Revenue may order a permanent boundary line to be fixed between any such estates or such portions thereof as are liable to river action.
Collect or shall fix boundary line:
Upon an order being made under sub-section (1), the Collector shall fix a boundary line between such estates or portions of such estates accordingly, and shall demarcate the same, in accordance with the provisions of Section 117, and of the rules, if any, made under Section 121.
Every boundary line shall be fixed with due regard to the history of estates:
Every such boundary line shall be fixed with due regard to the history of the estates and the interests of the persons respectively owning them or possessing nights there in, in such manner as may be just and equitable in the circumstances of each case.
Boundary line becomes permanent after approval of Commissioner:
No such boundary line shall be deemed to have been permanently fixed until it has been approved by the commissioner.
EFFECT OF FIXING A BOUNDARY BETWEEN RIVERAIN ESTATES
Boundary line fixed shall not be contrary to any law or Rule or custom etc:
Every boundary line fixed in accordance with the provisions of Section 123 shall, not with standing anything to the contrary in any law, rule or custom or usage, order, or decree of any Court of other authority, be a fixed and constant boundary between the estates affected thereby, and the proprietary and all other rights in every holding, field or other porting of an estate situate on each side of the boundary line, so fixed shall, subject, to the other provisions of this section, vest in the land- owners of the estate which lie on that side of the boundary line on which the estate which lies on that side of the boundary line on which such holding, field or other portion of an estate is situated.
Yields any produced of substantial value be transferred to the affected person during operation:
if, by the operation of sub-section (1), the proprietary or any other rights in any land which at the time a boundary line is fixed is under cultivation, or reasonably fix for cultivation or yields any produce of substantial value be transferred from the land-owners and other night holders of any one estate to the land-owners of any others estate, the collector shall, by written order direct that the nights in such land shall not, subject to the provisions of Sections 123, 126 and 127 be so transferred unless and unless and until and land in respect of which any such order is made ceases to be reasonably fit for cultivation, or to yield any produce of substantial value, and upon any such order being made, the transfer of the rights in such land shall be suspended accordingly
In writing order of collector about cultivation or yield of any produce:
When any portion of the land specified in any order made under subsection (2) ceases to be reasonably fit for cultivation or to yield any produce of substantial value, the order shall, when the Collector, in writing so directs, cease to operate as to that portion.
The decision of the collector shall be final:
The decision of the Collector as to whether, for the purposes of subsection (2), any land is or is not reasonably fit for cultivating or does not yield any produce of substantial value, shall be final.
APPLICATION FOR IMMEDIATE TRANSFER OF RIGHT
When any order has been made under sub-section (2) of Section 124, the land-owners, or any of them, in whom, but for such order, the rights in the land specified therein would vest. may apply in writing to the Collector to forthwith transfer the rights the transfer or which has been suspended by such order upon payment of compensation for the same.
CONCLUSION
It is concluded that boundary marks are any erection, whether of earth, stone, or other material any hedge, unploughed nage, or strip of ground, or other object or mark whether natural or artificial, set up, employed, or specified by a revenue officer having authority in that behalf in order to designate the boundary of any division of land.
FAQs
Elaborate on the legal provisions which relate to the fixation of boundary lie between riverain estates. Also, discuss the effect of such boundary lines.
(2019-S)
What is survey and boundary? Discuss the law relating to the determination of the boundary lines between the riverain estates.
(2018-S, 2014-A)
Discuss the legal provisions relating to the fixation of boundary lines between riverain estates and also throw light on the effect of such boundary lines.
(2017-A)
Analyze the relevant provision of law which pertain to the fixation of the boundary line between the riverain estates. Also, highlight the effect of such boundary lines.
(2015-S)
