Bare ActsThe Bengal Alluvion and Diluvion Regulation, 1825

Section 1819

It lS no~ m_f01ce tn As

Amendment status not verified — confirm the current text below against the official source.

It lS no~ m_f01ce tn As. a . 'and the district of Cachar are concerned the estates of the dtstrtct of Goal para R 1 t" 1 1 1886" were substitlltcd words "the A~sam La1nd. and11 Rrvf;~~~. bygu ;.,~~:n °Act 1 of 1929 and Assam for the words "Regu atlon ° Act XI of 1936 respectively. , ncutl -s<'ltkd c:statl·s of the district ~f ~oalpar,a. sin~~ fa~ as the per~ y ~rncd the word, commencing wnh Nor, t ! and the dtstnct of <;Jacbar are ~~ 11~0 "any incr~ase of rent to which be may be annc.xe~ to a subordinate1 tdeuburAss· Act l of 1929 and Assam Act Xl of 1936 justly !table' • were repea e Y am " respectively. \.'t6' ' tO~ \)ttJ e~ i\l ' • e 0 • () • 0 • 1ft25~ Ben. Reg.tl.] ALLUVION AND DILUVION Second.-The above rule shall not be considered applicable When ~det to cases in which a river, by a sudden change of its course, may ~~an;~ O:C break through and intersect an estate without any gradual course intec• encroachment, or may by the violence of strea'm separate a con- sects estate, siderable piece of land from one estate and join it to another estate, without destroying the identity and preventing the recog- nition of the land so removed. In such cases the land, on being clearly recognized, shall remain the property of its original ow11er. Third.- When a chat or island may be thrown up in a large Chao navigable river (the bed of which is not the property of an indi· ~hrown . up vidual), or in the sea, and the channel of the river or sea between bj ~wlga• such island and .the shore may not be fordable it shall, according e riVer. to established usage, be at the disposal of [the Government ]I. But if the channel between such island and the shore be for- Property dable at any season of the year, it shall be considered an acces- thherein h · h d f h w en c a.a- siOn to t e Ian tenure or tenures o t e person or persons whose nel for• estatr or estates may be most contiguous to it, subject to the dable. several provisions specified in the first clause of this section with . respect to increment of land by gradual accession. Fourth.-ln small ana shallow rivers, the beds of which, with Chara, etc., the jalkar right of fishery, may have been heretofore recognized !hrown u 1 ~ as the property of individuals, any sand-bank or char that may ~nh a 1 ~~aw he thrown up shall, as hi thcrto, belong to the proprietor of the rivers. · bed of the rivet·, subject to the provisions stated in the first clause of the present section . Fifth.-T n all other cases, namely, in all cases of claims and Dis I? u t o•s disputes respecting land gained by alluvion or by dereliction of a lelaJ've . t~ river or the sci\, which are not specifically provided for by the b~n !1f~~~n rules contained in this Regulation, the Court of Justice, in or by dere· deciding upon such claims and disputes, shall be guided by the lictio.n not best evidence they may be able to obtain of established local prov~ed {or ' usage, if there he any applicable to the case, or, if not, by gene- ~fon egu a• ral principles of equity and justice. ·

Section 1819 – The Bengal Alluvion and Diluvion Regulation, 1825 | DailyLaw.ai