Resolve Your Property Boundary Dispute and Get Legal Possession With Section 24 Land Measurement UP

Importance of Section 24 Land Measurement UP in Property Disputes

Property prices have witnessed a massive surge across the rural and urban areas of Uttar Pradesh. Along with this rapid growth, the number of disputes regarding land boundaries has also registered a heavy increase. It is quite commonly seen that neighboring farm owners or dominant individuals slowly cut the boundary margins and illegally occupy your valuable property. To provide a permanent and peaceful legal solution to all these problems, a special and highly robust legal provision has been established in the Uttar Pradesh Revenue Code 2006. We know this legal procedure as Section 24 Land Measurement UP. This law acts as an infallible weapon to help the real property owner get their full and rightful possession.

Often due to a lack of knowledge, people fight among themselves and keep making rounds of police stations. However, the police cannot directly intervene in revenue matters unless there is a clear order from the revenue court. In such a scenario, having knowledge about Section 24 Land Measurement UP is absolutely mandatory for every property owner. If you have the verified Khatauni and an updated map of your property, you can reclaim every single inch of your land through the competent court.

In this detailed and professional blog post, we will tell you exactly how you can secure your property by correctly utilizing Section 24 Land Measurement UP. Along with this, we will also discuss in detail the complete court procedure, the applicable fees, and those historic judicial decisions that make your legal rights even stronger.

What is the Law of Section 24 Land Measurement UP in Uttar Pradesh

Section 24 Land Measurement UP is that crucial part of the Uttar Pradesh Revenue Code 2006 which gives the Sub Divisional Magistrate or SDM the direct authority to demarcate any property. If any account holder or landowner feels that the physical area of their property is less than what is recorded in the Khatauni or the revenue map, they can take the shelter of this law. When a person applies under Section 24 Land Measurement UP, the entire team of the revenue department, which includes the revenue inspector and the regional Lekhpal, measures the property using modern surveying instruments.

The biggest specialty of this law is that it does not just fix boundaries on paper but completely eliminates the dispute forever by placing permanent markers on the ground. If you are in doubt regarding any ancestral property or a recently purchased new commercial property, getting the boundaries determined through Section 24 Land Measurement UP before starting construction is considered the safest and wisest step.

Necessary Documents for the Demarcation Process

Before filing a suit for demarcation, it is mandatory for you to possess some extremely important and valid documents. The court may reject your application without these documents.

• A certified copy of the updated Khatauni where the name of the applicant is clearly recorded.

• The updated land map of the revenue village obtained from the Bhulekh portal or the Tehsil.

• A certified Khasra copy of the Gata number.

• The original treasury challan showing that the prescribed government measurement fee has been deposited.

• A valid identity card and residence proof of the applicant.

Complete and Transparent Process of Section 24 Land Measurement UP

The entire process of property demarcation has been made highly transparent through the Revenue Court Computerized Management System. Anyone can check the status of their case through the online portal. Let us understand this complete procedure in detail:

Application and Fee Payment

The very first step under Section 24 Land Measurement UP for a disputed property is to file a formal suit in the Sub Divisional Magistrate court. In this application, you have to provide complete details of your property, the Gata number, the total area, and the details of all those neighbors whose boundaries are adjacent to your land. Along with this, you have to deposit a prescribed government fee per Gata in the treasury. Currently, this fee is generally set at one thousand rupees per Gata. It is compulsory to attach the original receipt of the fee with the application form.

Notice and Disposal of Objections

After the suit is filed, the court first issues a summons or notice to all those neighboring account holders whose names you have provided in your application. This is done to follow the principle of natural justice so that no proceeding is one sided. All parties are given a full opportunity to present their side. If any neighbor has an objection, they can file their written reply before the court.

Site Inspection and Field Book

After the notices are served to all parties, the SDM orders the revenue inspector and the Lekhpal to go to the site and conduct the measurement on a fixed date. In this process, the revenue team starts the measurement from an established and permanent point in the village called a Sihadda. After the complete measurement, the revenue inspector prepares a detailed field book. This field book clearly highlights exactly where your correct boundary lies according to the Khatauni and map, and how much encroachment has been done by whom on the spot.

Passing of Final Order

When the revenue inspector submits their report and field book to the court, the court gives a final opportunity to both parties to present any objections to that report. If no solid objection is raised or the objections are legally disposed of, the Sub Divisional Magistrate confirms that measurement report and a final order is passed under Section 24 Land Measurement UP.

Physical Boundary Marking and Restoration of Possession

Many people have this question in mind about what happens after the order is passed. This is exactly the stage where Section 24 Land Measurement UP shows its real power. After the final order of the Sub Divisional Magistrate is passed, the revenue team visits the site again.

Permanent pillars or stones are buried on those new and correct boundaries which have been determined by the court. In revenue language, this entire physical proceeding is called Pathargarhi. If it is revealed in the measurement report that a neighbor has illegally occupied your property, the revenue team forcefully removes that encroachment with the help of the police force. After this, full and peaceful possession is handed over to the real landowner. Thus, Section 24 Land Measurement UP not only clarifies your boundaries but also gets back your snatched rights.

Latest Historic High Court Judgments on Section 24 Land Measurement UP

The law always keeps evolving with changing circumstances. The Honorable Allahabad High Court has delivered several strict and historic judgments regarding revenue matters in Uttar Pradesh which have made Section 24 Land Measurement UP even more effective. Details of the three most important and verified judicial principles are given here:

• Strict Order for Time Bound Disposal: In several recent mandamus writ petitions, the Allahabad High Court has clarified that Sub Divisional Magistrate courts have no right to keep the suits of Section 24 Land Measurement UP pending unnecessarily. Citing the provisions of the Uttar Pradesh Revenue Code, the court has issued strict instructions that all cases of demarcation and measurement must be mandatorily disposed of within a maximum of three months from the date of filing the suit. This decision is a boon for those farmers who used to suffer date after date for years.

• No Separate Suit Required for Eviction: In an extremely important ruling, the division bench of the High Court established that if the demarcation process under Section 24 Land Measurement UP is completed and encroachment is proven, no new civil suit or separate eviction suit is required to grant possession to the real owner. The revenue officials can remove the encroacher using police force in compliance with the exact same order. This has drastically reduced the time taken to resolve disputes.

• Measurement Possible Even if Civil Suit is Pending: Encroachers often used to file fake injunction suits in the civil court to stop the measurement. The High Court has made it clear in recent judgments that unless there is a serious and genuine dispute regarding the ownership title of the property, the proceedings of Section 24 Land Measurement UP cannot be stopped merely because a suit is pending in the civil court. Revenue officials are completely free and authorized to determine the boundaries.

Safe Property Investment in Raebareli and Uttar Pradesh

The real estate market is extremely hot, especially in the rapidly developing areas of Raebareli and its surroundings. People are blindly buying new properties, plots, and agricultural lands. However, often due to a lack of proper legal verification, people trap their hard earned money in disputed properties. When you buy a new property, merely getting the registry done is not enough. You must ensure that your name is recorded in the Khatauni and the physical area of the land is complete on the ground.

This is exactly where the correct use of Section 24 Land Measurement UP can completely secure your investment. Before finalizing any big deal, if you have even the slightest doubt regarding the boundaries, you must definitely get it demarcated through the revenue department.

Contact Us for Professional Legal Advice and Guidance

Understanding the complexities of revenue law, especially the Uttar Pradesh Revenue Code 2006, can be a bit difficult for a common man. A small drafting mistake or lack of documents can weaken your case. If you are struggling with a demarcation, mutation, or illegal possession issue regarding your property in Raebareli or any other district of Uttar Pradesh, our experienced experts at Cryptic Property are ready to fully assist you.

Our team has vast and deep experience in real estate laws. We ensure that all your documents are prepared in a completely professional manner and your side is strongly presented in court. To secure your valuable property, get the correct drafting done, and avoid legal hassles, contact the team of Cryptic Property. 

Frequently Asked Questions

There are many questions in the minds of the general public regarding the proceedings and measurement of revenue courts. Below we have given simple and accurate answers to the most frequently asked questions:

• Can only the owner of the land apply for measurement or anyone else too? According to the law, under Section 24 Land Measurement UP, only that person whose name is recorded in the Khatauni of that disputed land can file a suit. If the land is in a joint name, any one co account holder can submit the application for measurement. A tenant or Asami does not have this right.

• What to do if the neighboring account holder opposes the measurement and does not let it happen? If a dominant neighbor stops the revenue team from conducting the measurement on the spot or creates a dispute, the revenue inspector submits a report of this to the Sub Divisional Magistrate. After this, the Sub Divisional Magistrate orders the local police station to go to the spot with a heavy police force and get the government work completed under their protection.

• Can the measurement of populated areas or land inside a house also be done under this section? This is a very important technical point. Section 24 Land Measurement UP is primarily made for those Gatas which are clearly recorded in the revenue map. If a land has completely turned into an old populated area and no specific shape of it is left in the revenue map, it is not technically possible for revenue officials to measure it. In such cases, one has to take the shelter of the civil court.

• Where can an appeal be made against the measurement order of the Sub Divisional Magistrate? If any party is not satisfied with the final measurement order passed by the SDM, they can file their appeal against that order in the court of the Commissioner of the concerned district within thirty days under the provisions of the Uttar Pradesh Revenue Code.

• What is the total cost of measurement and how much time does the whole process take? As a government expense, you only have to deposit one thousand rupees per Gata through a treasury challan. There is no other government fee besides this. As far as the time limit is concerned, according to the clear instructions of the High Court and the Revenue Code, it is mandatory to complete this entire process within three months under all circumstances.

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