CrPC Section 147 – Dispute Concerning Right Of Use Of Land Or Water

In India, maintaining public order and preventing breaches of peace are paramount. Section 147 of the Code of Criminal Procedure (CrPC), 1973, plays a crucial role in this regard by addressing disputes related to the use of land or water that could potentially escalate into violence. This provision empowers Executive Magistrates to intervene promptly and resolve such conflicts, ensuring the protection of established rights and the preservation of public tranquility.

Explanation Of Section 147 Of CrPC

Section 147 of the CrPC deals with disputes concerning rights of user of land or water where such disputes are likely to cause a breach of the peace. If an Executive Magistrate is satisfied from a police report or other information that such a dispute exists, they may make an order in writing stating the grounds of their being so satisfied and requiring the parties concerned in such dispute to attend their Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

Example Of Section 147 Of CrPC

Imagine a village where residents have traditionally used a particular pathway to access the main road, or a well for their water needs. This established use constitutes an easementary right or a customary right.

If one individual obstructs this pathway by erecting a fence or covers the well, preventing others from exercising their right of way or access to water, a dispute arises.

The correct procedure under Section 147 CrPC is as follows:

Complaint To The Executive Magistrate

The aggrieved villagers should approach the Executive Magistrate directly with a complaint about the obstruction of their right. It's not that they directly report to the police who then report to the Magistrate. While the police might be involved in maintaining law and order, the Executive Magistrate is the competent authority to initiate proceedings under Section 147 CrPC.

Magistrate's Inquiry

The Executive Magistrate will then conduct an inquiry into the matter. This inquiry aims to determine whether such a right exists and whether there is an apprehension of a breach of the peace due to the obstruction.

Order Of The Magistrate

If the Magistrate is satisfied that such a right exists and that the obstruction is likely to cause a breach of the peace, they can issue an order prohibiting the obstruction. This order can direct the removal of the fence or the restoration of access to the well.

Importance Of Section 147 Of CrPC

Section 147 is essential for the following reasons:

Prevention Of Breach Of Peace

The provision helps resolve disputes that could lead to violence or public disorder. Using the Executive Magistrate's powers, disputes involving shared resources like water or land are sorted as early as possible.

Speedy Relief

The provision quickly resolves conflicts by giving the power to the Executive Magistrate instead of a Judicial Magistrate. It ensures that interim relief is granted without waiting for the lengthy civil code procedures.

Protects Rights Of Parties

Section 147 protects individuals with the established right to use the disputed land or water. It ensures that their right to access is not violated.

Executive Magistrate As The Deciding Authority

The provision empowers the Executive Magistrate to decide disputes. It reduces the burden on civil courts and allows quicker decisions.

Maintaining Public Order

Section 147 promotes harmony and maintains public order by preventing disputes from escalating into violence.

Procedure Under Section 147 Of CrPC

The procedure under Section 147 is divided into the following parts:

Assessment By The Magistrate

First, the Executive Magistrate receives a report from the police stating a dispute regarding the right to use the land or water. This dispute should lead to a breach of peace.

Appearance Order Passed By The Executive Magistrate

If the Executive Magistrate is satisfied with a dispute that may affect a breach of peace, he issues a written order requiring the parties to appear at a given time and date. The parties can appear either in person or through a legal representative. They should also submit written statements explaining their side of the story.

Evidence

At this stage, the Executive Magistrate reviews the submitted statements, examines the evidence submitted by the parties, and passes an order for additional evidence if necessary.

Decision On The Dispute

The Executive Magistrate then decides, based on all the evidence and facts of the case, whether the party has a right to the land or water. For this, Section 145 of CrPC must be followed.

Issuing An Order

If the Executive Magistrate finds a legitimate right of a party that the other party obstructs, he can pass orders prohibiting any interference.

Practical Applications Of Section 147 Of CrPC

Section 147 of CrPC addresses disputes regarding the right to use land or water, which may lead to a breach of peace. It is practically applicable in real-world scenarios in the following way:

Disputes Over Right Of Way

There are disputes relating to roads or parts used collectively by a community. For example, if a group of people protests and blocks a pathway that the people of that area have used, leading to interference with the right to access their rights, then it is covered under Section 147.

Dispute Over The Right Of Water

If two individuals or communities dispute the right to use water from a shared resource like a tank, pool, or well, it is covered under Section 147. If one community or individual blocks the water supply for the other, it can lead to a dispute.

Disputes Over Shared Resources

In many villages, people use shared resources, such as ponds, for fishing or bathing. Disputes over these resources can be referred to under Section 147.

Community Disputes

Disputes can arise between individuals who claim exclusive rights over a property that the whole community has used for specific years. These disputes can lead to the customary use of the property.

Agricultural Land Dispute

Farmers from one village may block the access for other villagers, leading to a dispute. It is also covered under Section 147.

Disputes Over Public Access

There can be parking or utility access, which is a dispute between the parties.

Case Laws On Section 147 Of CrPC

Here are some relevant case laws in section 147 of CrPC:

Ram Sumer vs. State of Uttar Pradesh (1985)

The issue was whether proceedings under Sections 145 and 147 of CrPC can continue when a civil suit regarding the same dispute is pending in the court. The Supreme Court held that parallel proceedings in civil and criminal courts should be avoided.

Bhinka vs. Charan Singh (1959)

The Supreme Court, in this case, held that disputes concerning easementary rights are covered under Section 147 of CrPC. If there is a likelihood of a breach of peace. Then, the Executive Magistrate determines the rights of the concerned parties.

Mohammed Abdullah vs. State of Uttar Pradesh (1971)

It was held that Section 147 of CrPC is applicable whenever there is an imminent threat to public peace and order. If any dispute concerning the right of land or water may lead to a breach of peace, the magistrate must investigate the matter and issue necessary orders expeditiously.

Premchand vs. State of Haryana (1991)

There was a dispute over religious access to a pathway leading to a temple. The court upheld the application of Section 147 of the CrPC and stated that the right of way for religious purposes should not be obstructed. It is essential to maintain peace and spiritual harmony.

Conclusion

Section 147 of the CrPC is a vital legal tool for preventing breaches of the peace arising from disputes over land or water usage. By empowering Executive Magistrates to conduct inquiries and issue prohibitory orders, it provides a swift and effective mechanism for resolving conflicts and protecting established rights.

FAQs

A few FAQs on Section 147 of the CrPC are:

Q1. Who can initiate action under Section 147 CrPC?

Aggrieved parties can approach the Executive Magistrate directly with a complaint.

Q2. What is the role of the Executive Magistrate in Section 147 CrPC?

The Executive Magistrate conducts an inquiry, determines if a right exists, and issues orders to prevent obstructions and maintain peace.

Q3. What type of disputes are covered under Section 147 CrPC?

Disputes over rights of way, water usage, shared resources, and customary rights are covered.

Q4. What is the procedure under Section 147 CrPC?

The procedure involves a complaint to the Executive Magistrate, an inquiry by the Magistrate, and an order prohibiting the obstruction if a right is established and a breach of peace is apprehended.

Q5. Does the police get involved in Section 147 cases?

While the police might be involved in maintaining law and order, the primary action is to approach the Executive Magistrate.

Q6. What kind of evidence is considered under Section 147 CrPC?

Written statements from parties, evidence submitted by parties and any other evidence magistrate deem necessary.