Description

1. Initiation of Proceedings

Whenever an Executive Magistrate is satisfied—

• From a police report or
• From other information,

that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of land or water (whether claimed as an easement or otherwise) within his jurisdiction, he shall:

• Issue a written order stating the grounds of his satisfaction.
• Require the concerned parties to appear in person or through a pleader on a specified date and time.
• Ask the parties to submit written statements of their respective claims.

2. Inquiry and Decision by Magistrate

The Magistrate shall then:

• Examine the statements submitted by the parties.
• Hear the parties.
• Receive and evaluate evidence produced by them.
• Consider the effect of such evidence and take further evidence if required.
• Decide, if possible, whether such a right exists.

For this inquiry, the provisions of Section 145 shall apply as far as possible.

3. Prohibition of Interference

• If the Magistrate finds that the right exists, he may issue an order prohibiting interference with the exercise of such right.
• This may include an order for removal of any obstruction in the exercise of such right.

Exceptions:

• If the right is exercisable at all times of the year, an order shall be made only if the right was exercised within three months before the receipt of the police report or other information.
• If the right is exercisable only at specific seasons or occasions, an order shall be made only if the right was exercised during the last such season or occasion before the receipt of the report.

4. Conversion Between Sections 145 and 147

• If, during proceedings under Section 145, the Magistrate finds that the dispute concerns an alleged right of user of land or water, he may—
  • Record his reasons and continue proceedings under this section (as if they had originally been started here).
• If, during proceedings under this section, the Magistrate finds that the dispute falls under Section 145, he may—
  • Record his reasons and continue proceedings under Section 145 instead.