Amendment status not verified — confirm the current text below against the official source.
( 1 ) All public roads, lanes and paths, the bridges, ditches, dikes and fences, on, or beside, the same, the bed of the sea and of harbours and creeks below the high watermark, and of rivers, streams, nallas, lakes and tanks and all canals and watercourses, and all standing and flowing water, and all lands wherever situated, which are not the property of persons legally capable of holding property, and except in so far as any rights of such persons may be established, in or over the same, and except as may be otherwise provided in any law for the time being in force, are and are hereby declared to be, with all rights in or over the same, or appertaining thereto, the property of the State Government and it shall be lawful for the Collector, subject to the orders of the Commissioner, to dispose of them in such manner as may be prescribed by the State Government in this behalf, subject always to the rights of way, and all other rights of the public or of individuals legally subsisting. Explanation .- In this section, high water-mark means the highest point reached by ordinary spring tides at any season of the year. ( 2 ) Where any property right in or over any property is claimed by or on behalf of the Government or by any person as against the Government, it shall be lawful for the Collector or a survey officer, after formal inquiry of which due notice has been given, to pass an order deciding the claim. ( 3 ) An order passed by the Collector or survey officer under sub-section ( 1 ) or sub-section ( 2 ) shall, be subject to one appeal and revision in accordance with the provisions of this Code. ( 4 ) Any suit instituted in any civil court after the expiration of one year from the date of any order passed under sub-section ( 1 ) or sub-section ( 2 ) or, if appeal has been made against such order within the period of limitation, then from the date of any order passed by the appellate authority, shall be dismissed (though limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that in the case of an order under sub-section ( 2 ) the plaintiff has had due notice of such order. ( 5 ) Any person shall be deemed to have had due notice of an inquiry or order under this section if notice thereof has been given in accordance with rules made in this behalf by the State Government.