Cultivators Having Land Abutting Rivers Also Own Half Of Riverbed: Hc | Chandigarh News –

Chandigarh: The Punjab and Haryana high court has ruled that individual cultivators having land abutting the rivers not only have ownership of land on the river banks but also up to half of the riverbeds on exposure of these to the skies.
HC, however, was of the view that the individual cultivator is required to establish if he intends to stake a claim of ownership to earlier submerged lands which later became exposed to the skies on account of change in course of rivers, and that he owns lands adjunct to the river concerned.

Further noticing absence of any survey in respect of the lands abutting the rivers in Punjab and Haryana, the HC has directed the additional chief secretaries (revenue) of both states to deploy two Kanungos and two Patwaris each within three months in territories which are subjected to river action.
“The constant measurements are to be made of the lands subjected to river action, and, thereafter the records of rights are required to be updated, so that the said updation of records facilitates the riparian owners to stake claim of ownership vis-a-vis the alluvion depositson their respectively owned lands…,” the HC has ordered that the revenue agencies, more especially of the consolidation department.
Court further clarified that if the said measurements are not done in terms of the change in courses of rivers, which flow within the territories of both states, thereby there is likelihood of trampling over the established rights of the riparian owners, who evidently own lands adjunct to the water bodies concerned, and, who also thereby own lands up to the middle of the bed of the rivers concerned, and, who on the change of courses of the rivers become entitled to stake ownership rights.
Division bench comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma of the HC has passed these orders while hearing a petition filed by Dharampal Sharma and others in a dispute pertaining to the river action of the Tangri in Panchkula area.

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Cultivators Having Land Abutting Rivers Also Own Half Of Riverbed: Hc | Chandigarh News –

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