It is the tahsildar who has the power to survey land and fix boundaries in case of dispute over survey number or holding, even if the land is situated within city corporation limits, the High Court of Karnataka has said.
A Division Bench comprising Justice Alok Aradhe and Justice S. Vishwajith Shetty passed the order while setting aside a judgement of a single judge Bench, which had said that the tahsildar has no jurisdiction to survey and fix boundaries once the land falls under the municipal corporation limits.
The Bench pointed out that Section 140(2) of the Karnataka Land Revenue Act, 1964, provides that if any dispute arises concerning the boundary of survey number or a sub-division of a survey number or a holding, the tahsildar shall decide the dispute having due regard for land records.
This power, the Bench said, can be exercised in respect of a survey number or a holding irrespective of the fact whether the same is situated within or outside the municipal limits.
The issue had cropped up owing to dispute over boundaries of land between Sunil Chajed of Bengaluru and Hewlett Packard (India) Software Operation Pvt. Ltd. in Bengaluru East taluk falling under the limits of Bruhat Bangalore Mahanagara Palike.
Tahsildar, on the application made by Mr. Sunil had proceeded to fix boundaries and this action was challenged by the company. On a direction given by the court earlier, the tahsildar had asserted his power to survey land and fix boundaries in city corporation limits in case of dispute over boundaries.
Following this, the company challenged the power of tahsildar to survey the land while contending that tahsildar had no jurisdiction as the land is coming under the jurisdiction of the BBMP.
The single-judge Bench had upheld the company’s claim and said that it is the commissioner of the municipal corporation who is authorised to carry out survey.
However, the Division Bench said that revenue authorities are right in their claim that the tahsildar has the jurisdiction to decide the matter pertaining to fixing the boundary of lands forming survey number.
