Boundary Demarcation & Encroachment Disputes under Section 24 of the U.P. Revenue Code, 2006

A Guide to Resolving Field Boundary Disputes, Field Book Surveys, Fixed Measurement Points (Sehadda), Challenging Biased Kanungo Reports, and Enforcing Boundary Pillar Installation

1. Executive Summary & Client Problem Statement

Boundary conflicts in Uttar Pradesh’s rural and peri-urban sectors represent the single largest trigger for rural violence, criminal cross-cases under Sections 107/116 CrPC / Bharatiya Nagarik Suraksha Sanhita (BNSS), and protracted land litigation. In an agrarian economy where real estate prices along developing highway corridors have multiplied exponentially, neighboring landowners routinely encroach upon adjacent plots by slowly shaving off field ridges (*Menda*), intentionally diverting drainage water to erode boundary markers, or constructing unauthorized fences and boundary walls under the cover of darkness.

The landowner faces a recurring operational nightmare:

• Slow Creeping Encroachment by Powerful Neighbors: An adjacent influential bhumidhar encroaches two to five meters along the entire length of a common boundary. Over several crop seasons, the encroacher absorbs valuable acreage into their own cultivation, daring the bona fide owner to call the police or initiate violence.
• Ineffectiveness of Police and General Revenue Complaints: When an encroached owner approaches the local police station or files an online portal complaint (Jansunwai / IGRS), authorities routinely issue standard bureaucratic replies stating that boundary disputes are of a "civil nature" and require judicial determination by the revenue administration.
• Collusive and Biased Revenue Staff Surveys: When revenue staff are dispatched without judicial oversight, local Lekhpals frequently align with affluent encroachers, taking arbitrary reference points (*Chanda*), ignoring fixed boundary stones (*Sehadda*), and preparing falsified survey maps that legitimize the illegal occupation.

The Client's Definitive Remedy: The exclusive, statutory mechanism to conclusively determine field boundaries, restore encroached acreage, and fix permanent stone boundary pillars under police protection is an application for Demarcation (Haddbandi / Medbandi) under Section 24 of the U.P. Revenue Code, 2006 before the Sub-Divisional Officer (SDO).

2. Immediate "What to Do First": Emergency Client Action Protocol

When an adjoining owner encroaches on your boundary or attempts to challenge your traditional field limits, follow this emergency operational protocol:

A. Critical Documents to Gather Immediately

• Village Revenue Map (*Chak Shajra*): Procure a certified, unscaled copy of the village revenue map from the District Land Records Archive (*Collectorate Abhilekhagar*). Ensure the map clearly shows the tripartite and quadripartite junction boundary stones (*Sehadda* and *Chauraha Chanda*) surrounding your parcel.
• Field Book (*Khasra Khetouni*): Certified copy of the field book reflecting the official lengths, widths, and peripheral dimensions of the disputed Gata as recorded during the last village consolidation operations (under the U.P. Consolidation of Holdings Act, 1953) or settlement.
• Current Certified Khatauni: Demonstrating absolute bhumidhari tenure of the applicant over the plot sought to be demarcated.
• Contemporary Spot Evidence: Date-stamped, high-resolution photographs and drone/video footage showing the damaged boundary ridge (*Menda*), the newly erected encroaching fence or crop line, and the physical relationship with neighboring plots.
• Proof of Treasury Challan Deposit: Under Rule 22 of the U.P. Revenue Code Rules, 2016, a statutory fee of Rs. 1,000 per Gata must be deposited via Government Treasury Challan into the designated revenue account before filing.

B. Fatal Tactical Mistakes to Avoid

• Filing a Demarcation Suit without Notice to All Adjoining Owners: Under Section 24(1), every single tenure-holder whose boundary touches the applicant's plot is an indispensable party. If you fail to implead an adjacent owner or fail to serve statutory notice, any demarcation report obtained is legally void and will be summarily set aside on appeal.
• Allowing a Survey without Fixed Reference Points (*Sehadda*): Under established revenue survey science, a demarcation cannot start from arbitrary field ridges. The survey MUST originate from an unmovable permanent reference point—such as a fixed stone tripartite point (*Sehadda*), an old bridge, or a permanent village well identified on the Shajra. If the Revenue Inspector starts from a disputed private ridge, the entire survey is fundamentally vitiated.
• Failing to File Written Objections to the Revenue Inspector's Report: When the Revenue Inspector submits a demarcation report, the SDO court issues a notice inviting objections. Litigants who fail to file detailed technical objections within the prescribed period forfeit their right to cross-examine the Revenue Inspector or seek a re-survey.
• Approaching the Civil Court for Boundary Fixation: Under Section 206 of the U.P. Revenue Code, 2006, the jurisdiction of the Civil Court is strictly barred in respect of matters for which remedy is provided under the Code. A civil suit for boundary demarcation will be dismissed under Order 7 Rule 11 CPC; Section 24 before the SDO is the sole lawful forum.

3. Statutory Architecture & Legal Provisions

Demarcation proceedings in Uttar Pradesh are governed by Section 24 of the U.P. Revenue Code, 2006 read with Rules 22 and 23 of the U.P. Revenue Code Rules, 2016.

Section 24: Disputes Regarding Boundaries

"(1) The Sub-Divisional Officer may, on his own motion or on an application made in this behalf by a person interested, decide, by summary inquiry, any dispute regarding boundaries on the basis of existing survey maps or, where the same is not possible, on the basis of actual possession of the land.

(2) If in the course of an inquiry into a dispute under sub-section (1), the Sub-Divisional Officer is unable to satisfy himself as to which party is in possession, or if it is shown that possession has been obtained by wrongful dispossession of the lawful occupant within a period of three months preceding the date of commencement of the inquiry, he shall ascertain by summary inquiry who is the person who should be put in possession.

(3) The Sub-Divisional Officer may, for the purposes of this section, direct the boundaries to be demarcated on the spot by stone pillars or other suitable marks and may recover the costs thereof from such persons as he thinks fit.

(4) Any person aggrieved by the order of the Sub-Divisional Officer may prefer an appeal before the Commissioner within thirty days from the date of the order, whose decision shall be final."

Technical Survey Methodology under Rule 22:

Rule 22 prescribes that the Revenue Inspector (Kanungo) must execute the survey strictly using the Gunter's Chain (Jareeb) or Electronic Total Station (ETS) method. The surveyor must:

• Locate at least two fixed, undisputed permanent reference points (*Sehadda* or *Pukhta Chanda*) identifiable on the Shajra.
• Draw base measurement lines connecting the fixed points to establish an unshakeable survey baseline.
• Measure offset distances to the corners of the disputed plot, cross-checking the actual ground measurements against the field book dimensions.
• Prepare a detailed field sketch (*Nakshe Haddbandi*) color-coding the exact area encroached (highlighted in red), specifying the Gata number from which the land was clipped, and calculating the exact encroached area in square meters.

Forensic Scrutiny of the Village Field Book (Khasra Bandobast) & Shajra:

Under the U.P. Revenue Code, every official revenue map (*Shajra*) is drawn to an exact scale—traditionally 1 inch = 40 Guntas or 1:4000. In contested demarcation proceedings, an advocate representing the landowner must conduct a forensic examination of the original Settlement Field Book (*Khasra Bandobast*). Often, when consolidation was conducted decades ago, errors occurred during the cartographic conversion of irregular field shapes (*Khasra Numbers*) into rectangular consolidated plots (*Chaks*). If the Revenue Inspector relies on an unverified working map (*Kacha Naksha*) rather than the signed settlement map deposited in the Collectorate Archive, the entire demarcation must be objected to under Rule 22(5).

The Principle of Unbroken Baseline in Electronic Total Station (ETS) Demarcation:

Under recent standard operating procedures issued by the Board of Revenue U.P., an ETS or DGPS survey requires the establishment of an uninterrupted 'Closed Loop Traverse'. The surveying team cannot take a single floating GPS reading from a mobile phone or handheld device. The survey requires differential corrections tied to a permanent Continuous Operating Reference Station (CORS) or two physical Sehadda monuments. If the respondent demonstrates that the Revenue Inspector took floating coordinates without tying to a fixed datum, the survey is scientifically invalid.

4. Supreme Court & Allahabad High Court Jurisprudence

5. Step-by-Step Procedural Roadmap

The operational lifecycle of a Section 24 Demarcation proceeding is structured across seven disciplined milestones:

• Stage 1: Application Filing & Treasury Deposit
• Filing of formal application under Section 24 before the Sub-Divisional Officer.
• Attachment of certified Shajra, Khatauni, boundary list of all adjoining owners, and Treasury Challan of Rs. 1,000 per Gata.
• Stage 2: Court Order to Revenue Inspector (Kanungo)
• SDO scrutinizes the application and issues an official order directing the Revenue Inspector of the circle to conduct an on-site survey and submit a report within one month.
• Stage 3: Service of Prior Spot Notice (Form R-9)
• Revenue Inspector issues statutory notice in Form R-9 to all adjacent landowners and the Gram Pradhan, fixing the exact date and hour of the spot survey.
• Survey conducted without served notice to adjacent owners is void ab initio.
• Stage 4: Execution of On-Site Survey & Map Preparation
• Revenue Inspector, accompanied by Lekhpals, visits the spot. Baseline established from fixed *Sehadda* stones. Measurements taken with Gunter's Chain / ETS.
• Encroached areas marked in red ink on field map (*Nakshe Haddbandi*). Statement of villagers and present parties recorded.
• Stage 5: Submission of Report & Invitation of Objections
• Report submitted to SDO court. SDO issues 15-day notice to parties to file written objections (*Apatti*).
• Objecting party examines report, field book, and cross-examines the Revenue Inspector if survey defects exist.
• Stage 6: Confirmation Order & Fixation of Pillars
• SDO hears arguments. If objections are dismissed, SDO confirms the demarcation report and issues an order for installation of stone pillars (*Medbandi*).
• If encroachment is discovered, SDO directs the Tehsildar to evict the encroacher and restore possession within 30 days.
• Stage 7: Execution on Ground with Police Aid
• Revenue team accompanied by local police force visits the site. Permanent concrete/stone pillars erected along boundary lines.
• Compliance report (*Dakhila*) submitted to SDO.

6. Extensive Client FAQ Section

Q1. Can the police resolve a boundary dispute or stop a neighbor from breaking my field ridge?

Answer: No. The police have no legal authority to determine property boundaries or interpret revenue maps. When police intervene, they typically register preventive proceedings under Section 107/116 CrPC / BNSS, directing both parties to maintain peace, which often disadvantages the rightful owner by freezing cultivation. The only statutory body empowered to determine boundaries is the revenue court of the Sub-Divisional Officer under Section 24. Police protection can only be summoned after the SDO has passed a formal demarcation order under Section 24(3) directing stone pillar installation with police assistance.

Q2. What should I do if the Revenue Inspector conducts the survey behind my back without giving notice?

Answer: Under Rule 22(3) of the U.P. Revenue Code Rules, 2016, the Revenue Inspector is legally obligated to serve notice in Form R-9 on all adjacent tenure-holders at least one week prior to the inspection. If a survey is conducted without notice, you must file a formal application before the SDO under Section 24(2) alleging violation of natural justice, attach proof of lack of service, and pray for the rejection of the report and the appointment of an independent survey team or Naib Tehsildar to re-survey the parcel.

Q3. Can an order of the SDO in a demarcation proceeding be challenged before the Board of Revenue?

Answer: No. Under Section 24(4) of the U.P. Revenue Code, 2006, an appeal lies exclusively to the Divisional Commissioner within thirty days from the SDO's order, and the statute explicitly declares that the Commissioner's decision "shall be final". The Allahabad High Court in Jagdish v. Board of Revenue has settled that a revision under Section 210 does NOT lie before the Board of Revenue against an order under Section 24(4). The only remaining remedy against an illegal appellate order of the Commissioner is a Writ Petition (Writ-B) under Article 226 before the Allahabad High Court.

Q4. If my neighbor has built a permanent boundary wall over my demarcated land, can the SDO demolish it under Section 24?

Answer: Section 24 is a summary proceeding designed to demarcate boundaries and restore possession where field ridges have been recently encroached. However, where an encroacher has erected permanent, substantial brick-and-mortar structures or residential buildings, the SDO often exercises caution and directs the applicant to file a regular suit for possession and mandatory injunction under Section 134/144 of the Code or approach the Civil Court under the Specific Relief Act. However, under recent Allahabad High Court precedents, if the construction was raised during the pendency of demarcation to defeat the survey, the revenue authorities have inherent jurisdiction to clear the encroachment.

Q5. What is a "Sehadda" and why is it decisive in boundary disputes?

Answer: A Sehadda (tri-junction stone) is a permanent boundary monument established by the Survey of India and the State Revenue Department at the intersection point where three villages or three major revenue blocks meet. These stones are immutably mapped on the village Chak Shajra. In any scientific demarcation, all measurements must tie back to a Sehadda because private field ridges move over time due to plowing. If a survey is done without tying back to a Sehadda, its margin of error is unacceptable in court.

Q6. How long does a Section 24 demarcation take in Uttar Pradesh?

Answer: Under Rule 22(8), the statutory mandate requires the SDO to conclude the entire demarcation proceeding within three (3) months from the date of application. If the Tehsil staff delays submitting the survey report or the SDO fails to decide the matter within this timeframe, the applicant can file a petition under Article 227 of the Constitution before the Allahabad High Court (Lucknow Bench or Allahabad), which routinely issues a peremptory order commanding the SDO to decide the case within 60 days.

Q7. Can an agricultural boundary demarcation be conducted using modern satellite or GPS technology?

Answer: Yes. Under recent state government directives and modernization schemes in Uttar Pradesh, revenue authorities are increasingly deploying Electronic Total Station (ETS) machines and DGPS (Differential Global Positioning System) rovers to conduct demarcation. ETS surveys eliminate manual chain-pulling errors (*Jareeb ki jhol*) and generate digital survey maps that leave zero room for subjective Lekhpal manipulation.

Q8. What happens if the adjoining plot owner refuses to allow the revenue team to erect boundary pillars?

Answer: Under Section 24(3) read with Rule 23, the SDO has full statutory authority to direct the local police station to provide adequate police force (*Paryapt Police Bal*) to enforce the order. Any person obstructing a public servant in installing statutory boundary pillars commits an offence punishable under Section 132/221 of the Bharatiya Nyaya Sanhita (BNS) and Section 227 of the Revenue Code, and is liable to immediate criminal arrest and contempt proceedings.

Q9. What is the legal effect of a demarcation order passed under Section 24 in a subsequent civil suit for title?

Answer: Proceedings under Section 24 are summary in nature and are designed primarily to maintain public order and resolve boundary uncertainties based on existing survey records. While a demarcation order and map confirmed by the SDO under Section 24 carry high evidentiary weight under Section 35 of the Indian Evidence Act as an official act performed by a public servant, they do not bar a party from filing a regular title suit in the competent Civil or Revenue Court under Section 144 of the Code. However, unless and until the Civil Court grants an interim injunction or passes a contrary decree, the boundary fixed under Section 24 remains binding and enforceable on the ground.

Q10. Can an applicant withdraw a Section 24 application if the Revenue Inspector submits an unfavorable report?

Answer: An applicant can seek leave to withdraw their application under Order 23 Rule 1 of the Code of Civil Procedure before the SDO confirms the report. However, if the Revenue Inspector’s report reveals that the applicant themselves is in illegal occupation of an adjoining neighbor's or Gram Sabha land, the SDO can refuse simple withdrawal and initiate suo motu proceedings under Section 24(2) or Section 67 to evict the applicant from the encroached public or private land.

SUMANJARI & CO. ADVOCATES

Chambers for Revenue Law, Land Title Defense, GST, Direct Tax & High Court Writ Litigation

Chamber D-311, High Court of Judicature at Allahabad, Lucknow Bench, Uttar Pradesh – 226010

Direct Consultation: +91 82990 86204  |  Web: sumanjariadvocates.com

Disclaimer: This publication is intended solely for client awareness and academic reference under the Advocates Act, 1961, and does not constitute formal legal solicitation.