Section 166 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 166 – Disputes Regarding Rights to Use Land or Water
Purpose:
This section empowers an Executive Magistrate to address and resolve disputes concerning the rights to use land or water within their jurisdiction, especially where such disputes may disturb public peace.
Detailed Breakdown:
Initiation of Proceedings:
If the Executive Magistrate is satisfied that there is a dispute regarding the right to use land or water that may threaten peace in their jurisdiction, they can issue a written order.
This order will summon the concerned parties to appear before the Magistrate and submit their claims in writing.
Investigation and Hearing:
The Magistrate will hear the statements of the parties involved and examine the evidence presented.
The Magistrate may also collect additional evidence if deemed necessary.
During this process, the provisions of Section 164 (which usually governs certain investigative and procedural powers of magistrates) will apply.
Decision and Interim Orders:
If the Magistrate concludes that the claimed right to use land or water exists, they can issue an order to prevent any interference with the exercise of that right.
This may include orders to remove obstructions or to ensure peaceful enjoyment of the right.
However, such protection will only be granted if:
The right has been exercised within the last three months (if the right can be exercised at any time during the year), or
If the right is seasonal or occasion-specific, it must have been exercised before the last day of the relevant season or occasion.
Procedure Overlap with Section 164:
If a proceeding initiated under Section 164 involves a dispute about the use of land or water rights, the Magistrate can continue the proceeding under Section 166 instead.
Conversely, if a proceeding under Section 166 requires certain actions under Section 164, that can be done too.
Purpose and Importance:
This section aims to provide a quick and effective remedy for disputes relating to land or water usage rights.
It helps prevent escalation of conflicts that could disturb public peace.
It gives the Executive Magistrate clear authority to act decisively and issue orders to protect rights based on recent use.
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