Sec 124 to 136 Chapter X (Boundaries and Boundary Marks, Survey Marks)The Madhya Pradesh Land Revenue Code Act, 1959

124. Construction of boundary marks of villages and survey numbers or plot numbers.—

(1) Boundaries of all villages shall be fixed and demarcated by permanent boundary marks.

(2) The State Government may, in respect of any village by notification, order that the boundaries of all survey numbers or plot numbers shall also be fixed and demarcated by boundary marks.

(3) Such boundary marks shall, subject to the provisions hereinafter contained, be of such specification and shall be constructed and maintained in such manner as may be prescribed.

(4) Where the rules prescribed boundary marks of a specification different from that prevailing in any village, the new specification shall not be enforced in such village except upon application to a 1[Tahsildar] Made by not less than half of the number of holders of land in the village. When such application is made, the 2[Tahsildar] shall have new boundary marks constructed throughout the village and shall distribute the cost thereof proportionately among the holders of land in the village in accordance with rules made under this Code. The share of each holder shall be recoverable as an arrear of land revenue.

(5) Every holder of land shall be responsible for the maintenance and repair of the permanent boundary and survey marks erected thereon.

125. Disputes regarding boundaries between villages, survey numbers and plot numbers.—

All disputes regarding boundaries of villages, survey numbers and plot numbers where such boundaries have been fixed under the provisions of Section 124, shall be decided by the 3[Tahsildar] after local inquiry at which all persons interested shall have an opportunity of appearing and producing evidence.

126. Ejectment of persons wrongfully in possession.—

(1) When a boundary has been fixed under the provisions of Section 124, the Tahsildar may summarily eject any person who is wrongfully in possession of any land which has been found not to appertain to his holding or to the holding of any person through or under whom he claims.

(2) Where any person has been ejected from any land under the provisions of sub-section (1), he may, within the period of one year from the date of the ejectment, institute a civil suit to establish his title thereto Provided that the Tahsildar, or any Revenue Officer as such, shall not be made a party to such suit.

(3) The Tahsildar may at any time make an order for re-distribution of land revenue which, in his opinion, should be made as a result of the decree in a civil suit instituted under sub-section (2) and such re-distribution shall take effect from the beginning of the revenue year following the date of the order.

127. Demarcation and maintenance of boundary lines.—

(1) Every holder of the land adjoining a village road, village waste or land reserved for communal purposes, shall at his own cost and in the manner prescribed —

(a) demarcate the boundary between his land and village road, village waste or land reserved for communal purposes adjoining it by boundary marks;and

(b)  repair and renew such boundary marks for time-to-time.

(2)  If the holder fails to demarcate the boundary or to repair or renew the boundary marks as required by sub-section (I), the Tahsildar may, after such notice as he deems fit, cause the boundary to be demarcated or the boundary marks to be repaired or renewed and may recover the cost incurred as an arrear of land revenue.

(3) In the event of any dispute regarding the demarcation of the boundary or the maintenance of the boundary marks in proper state of repair, the matter shall be decided by the Collector whose decision shall be final.

Explanation.—

Village road for the purpose of this section means a road which, bears an indicative survey number or plot number.

128. Enforcement of repair of boundary or survey marks.—

(1) After the end of November in each year the patel of the village shall give written notice to every holder on whose land the boundary or survey marks are defective calling upon him to put them into proper repair before the first day of March following. 

(2) After the first day of March in any year, the Tahsildar or any other Revenue Officer empowered to act may cause any defective boundary or survey marks to be properly repaired and shall recover the cost of such repair from the holder or holders responsible for the maintenance of such boundary or survey marks, together with a penalty which may extend to [one thousand rupees] for every boundary marks so repaired. Such cost and penalty shall be recoverable as an arrear of land revenue.

129. Demarcation of boundaries of survey number or sub-division or plot number.—

(1) The Tahsildar or any other Revenue Officer empowered to act may, on the application of a party interested, demarcate the boundaries of a survey number or of a sub-division or of a plot number and construct boundry marks thereon.

(2) The State Government may make rules for regulating the procedure to be followed by the Tahsildar or any other Revenue Officer empowered to act in demarcating the boundaries of suryey number or of a sub-division or of a plot number prescribing the nature of the boundary marks to be used, and authorising the levy of fees from the holders of land in a demarcated survey number or sub division or plot number:

130. Penalty for destruction, injury or removal of boundary or survey marks.—

If any person wilfully destroys or injures, or without lawful authority removes, a boundary or survey mark lawfully constructed, he may be ordered by the Tahsildar or any other Revenue Officer empowered to act to pay such fine, not exceeding i[one thousand rupees] for each mark so destroyed, injured or removed, as may, in the opinion of the Tahsildar or any other Revenue Officer empowered to act be necessary to defray the expense of restoring the same and of rewarding the informant, if any.

131. Rights of way and other private easements.—

(1) In the event of a dispute arising as to the route by which a cultivator shall have access to his fields or to the waste or pasture lands of the village, otherwise than by the recognised roads, paths or common land, including those road and paths recorded in the village Wajib-ul-arz prepared under Section 242 or as to the source from or course by which he may avail himself of water, a Tahsildar may, after local enquiry, decide the matter with reference to the previous custom in each case and with due regard to the conveniences of all the parties concerned.

(2) No order passed under this section shall debar any person from establishing such rights of easement as he may claim by a civil suit.

132. Penalty for obstruction of way, etc.—

Any person who encroaches upon, or causes any obstruction to the use of a recognised road, path or common land of a village including those roads and paths recorded in the village Wajib-ul arz or who disobeys the decision of a Tahsildar passed under Section 131, shall be liable, under the written order of a Tahsildar stating the facts and circumstances of the case, to a penalty which may extend to 3[ten thousand rupees]

133. Removal of obstruction.—

If a Tahsildar finds that any obstacle impedes the free use of a recognised road, path or common land of a village or impedes the road or water course or source of water which has been the subject of a decision under Section 131, he may order the person responsible for such obstacle to remove it and if such person fails to comply with the order, may cause the obstacle to be removed and may recover from such person the cost of removal thereof and such person shall be liable, under the written order of a Tahsildar stating the facts and circumstances of the case, to a penalty with may extend to ten thousand rupees.]

134. Execution of bond for abstaining from repetition of certain acts.—

Any person who encroaches upon or causes any obstruction under Section 131, 132 or 133 may be required by the Tahsildar to execute a personal bond for such sum not exceeding five hundred rupees, as he may deem fit, for abstaining from repetition of such act.

135. Acquisition of land for road, paths, etc.—

(1) If, on the application of the villagers or otherwise, the Collector is, after enquiry satisfied that it is expedient to acquire any land for the purpose of providing a road not exceeding ten feet in width cart track or path for the use of the village community in such village he may call upon the residents of the village to deposit the amount of compensation, payable in respect of such land under sub-section (3) within a specified period. On such deposit being made the Collector may, by order published in the prescribed manner, acquire such land and upon the making of such order, such land shall vest absolutely in the State Government.

(2) Any person claiming any interest in any such land may within period of one year from the date of vesting under sub-section (1) make an application to the Collector for compensation in respect of his interest.

(3) The compensation payable in respect of such land shall be fifteen times the land revenue assessed or assessable thereon.

136. Power to exempt from operation of this Chapter.—

The State Government may, by notification, declare that any of or all of the provisions of this Chapter shall not apply in any village or class of villages.