Bombay City Survey Boundary Marks of Maharashtra Land Revenue Code, section 277 to 293 chapter 14 deal with survey and boundary marks.
The Collector may, on the application of the parties interested in such land under section 277 of Maharashtra Land Revenue.
The collector shall, in pursuance of a decree or order of competent court. Cause any alteration or correction to be made of any such demarcation. Demarcation of lands, or of any entry in any such record.
The latest survey completed under the authority of the State Government
shall be called “the Bombay City Survey”.
And demarcation of lands then made, and all records of said survey, including alteration or correction made therein before commencement of this Code.
The demarcation Shall be taken as prima facie evidence for all proceedings under and for all the purposely of this Chapter.
State Government may order survey and appoint Superintendent
The State Government may, whenever it thinks fit under 278 MH land Revenue. Order that a survey shall be made of the lands situated in the City of Bombay. And for such purpose may appoint a Superintendent of Survey. And one or more Assistant Superintendent of Survey.
The Assistant Superintendent shall exercise such powers as may be delegated to them by the Superintendent.
Collector or subordinates may enter upon lands
Under section 279 of MH Land Revenue It shall be lawful for the Collector or any of his assistants.
Or other sub-ordinates duly authorised by writing under his hand in that behalf.
And for the Superintendent or any other officer employed in the survey. After, giving not less than 24 hours, notice to enter upon any lands. Land For purpose of inspecting survey boundary marks erected.
There on or of altering, renewing or repairing such marks, or mark for survey. Survey in the manner provided in section 241 of this Code.
Notice to be served on holder to attend under section 280 of MH land revenue
Before entering on any land for the purposes of survey The Superintendent may cause a notice in writing. The writing under his hand to be served on the holder or occupier of the land.
About to be surveyed and on the holders or occupiers of conterminous lands, calling upon them.
The Calling attend either personally, or by agent on such land before him.
or calling before such officer as may be authorised by him in that behalf.
Within a specified time (which shall not be less than three days after the service of such notices ). Specified time for the purpose of pointing out boundaries.
And of affording such information as may be needed for the purposes of this Chapter. And intimating that in the event of their failing to attend. He or such officer will proceed with the survey in their absence.
After service of notices Superintendent may proceed with survey
Under section 281 of Maharashtra Land Revenue After due service of notice under section 280.
The Superintendent, or such officer as may be authorised by him may proceed with the survey.
Whether the person upon whom notices have been served are present or not.
Survey map and register, Bombay city Survey Boundary Marks
The Superintendent shall prepare a map and a register of all lands which have been surveyed under his Chapter.
To every piece of land separately shown on the map and entered in the register. Entered register an indicative number shall be assigned.
And the name of the person appearing to be the holder, thereof at the time of the survey. The person shall be entered in the register.
Nothing contained in such map or register shall affect the rights of any person.
Superintendent may erect boundary marks under section 283
Superintendent may at any time, cause to be erected on any land which is to be or has been surveyed.
Survey under this Chapter temporary or permanent boundary marks of such materials. And in such number and manner as he may determine to be sufficient for the pupose of the survey.
Under proviso of 283 no permanent boundary marks shall be erected. When the boundary is defined by a permanent building, wall or fence no erection.
Maintenance of temporary boundary marks, Bombay city Survey Boundary Marks
When any temporary boundary mark has been erected under section 283. The Superintendent may cause a notice in writing under his hand to be served on the holder of the land.
Where on or adjoining which, such boundary mark is situate, requiring him to maintain. Such maintain boundary mark till the survey has been completed.
If such holder does not comply with such notice. The Superintendent may repair the boundary mark.
And expenses shall be recoverable from such holder as an arrear of land, revenue under the provisions of this Chapter.
Survey fee may be charged, Bombay city Survey Boundary Marks
- The holder of any land surveyed under this Chapter shall be liable to the payment of a survey fee. The survey fee assessed on the area and rateable value of such land.
- The amount of the survey fee payable under sub-section (1), Shall be regulated by the Collector. In accordance with rules made by the State Government in that behalf.
Any survey fee assessed in accordance with sub-sections (1) (2) shall be payable within 3 months from date of notice.
Notice to be served by Collector upon person liable therefore After the completion of the survey of City of Bombay.
And such survey fee shall be leviable as an arrear of land revenue under the provisions of this Chapter.
Any person who has paid the survey fee assessed on any land, Fee Under this section. Fee shall be entitled to receive free of charge.
A certified extract from map and register prepared under section 282 so far as they relate to such land.
All documents connected with survey to be sent to Collector under section 286 MH land revenue
After the survey of any part of the City has been completed. The Superintendent shall deposit with the Collector all maps, registers and other documents connected with the survey of such part.
Such deposit shall be notified in the Official Gazette, And any person interested in the survey. Interested person may, at any time within two months from the date of such notification.
Date of notification inspect such maps, registers and other documents free of charge.
During such period the Collector may, if necessary, and without prejudice to the rights of any of the parties concerned.
Parties concerned Cause the map or the register prepared under section 282 to be corrected free of charge.
Maintenance of survey map and register, Bombay city Survey Boundary Marks
The map and register prepared under section 282 shall be maintained by the Collector. Who shall cause the map to be revised and the entries in the register.
Entries to be corrected from time to time as may be necessary, without prejudice to the rights of any person.
No person shall, for purposes of this section, be required to give notice of acquisition of any interest in land.
Collector may assess cost of revisions of any part of the map and all contingent expenses on the land.
The land on which such part relates and such cost shall be payable by the holder of such land. The holder shall be leviable as an arrear of land revenue under the provisions of this Chapter. 287
Revision of maps 288, Bombay city Survey Boundary Marks
Subject to rules made in this behalf by the State Government under this Chapter. Any officer acting under orders of Collector of Bombay may, for purpose of revising any map prepared under this Chapter. Exercise any of the powers of a Superintendent under this Chapter.
Responsibility for maintenance and repair of boundary marks 289
Every superior holder of land shall be responsible for the maintenance and good repair of the survey-boundary marks of his holding.
And for any expenses not exceeding five rupees or such amount as may be prescribed, whichever is higher, for each mark.
Reasonably incurred on account of the same by the Collector in cases of alteration or removal.
Collector may require superior holders to renew or repair survey marks section 290
In the event of any survey-boundary mark being destroyed, defaced, injured or removed, it shall be lawful for the Collector to cause to be served on the superior holder. or
In his absence the person in possession of any land of which such mark designates the boundary.
Boundary as requisition in writing signed by the said Collector, calling on such superior holder. or
Requisition how made, Bombay city Survey Boundary Marks
Person in possession to renew or repair the said mark, at his own expense, within fifteen days from the date of the service of such requisition.
On default, Collector or assistants may enter and renew or repair section 291
If the said survey-boundary mark be not renewed on repaired, within the said period, to the Collector’s satisfaction.
It shall be lawful for Collector or any of his assistants or other subordinates, or other person duly authorised.
To enter upon any land to which the said mark appertains and to renew or repair it.
And for each such mark so renewed or repaired, it shall be lawful for Collector to charge each superior holder.
Or person in possession, the boundary of whose land is designated by any such mark.
Charge for renewal or repair, Bombay city Survey Boundary Marks
Charges of Such sum, not exceeding rupees 10 in whole or such amount as may be prescribed. The amount whichever is higher as he may deem fit.
Privilege of title deeds under section 292
No person shall for the purposes of survey undertaken under this Chapter or for erecting boundary marks. There under be compelled to produce his title deeds to any land or to disclose their contents.
Proceedings not to be affected by informality section 293
The proceedings undertaken under sections 278 to 292 (both inclusive) shall not be affected by reason of any informality. Provided that the provisions in these sections be in substance and effect complied with.