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Section 88: All roads etc. and all land which are not the property of others belong to the State

The Rajasthan Land Revenue Act, 1956

How current this text is

Text as published by India Code for the Government of Rajasthan (the "updated" English file), with amendments up to Rajasthan Act No. 9 of 2022.

A Rajasthan Land Revenue (Amendment and Validation) Bill, 2025 (Bill No. 7 of 2025) inserts section 100-A (Government land placed at the disposal of RIICO for industrial areas) and clause (xvii-a) in section 261(2). Its Act number and assent could not be confirmed from an official source; these changes are not shown in this text.

This copy does not print the Chapter headings of the Act and contains many typing errors (for example "swim partition" and "audible estate" in section 186); the text is reproduced as printed.

(1) All public roads, lanes, paths, bridges and ditches; all fences on or beside the all rivers, streams, lakes and tanks, all canals and watercourses, all standing and flowing water, and all lands wherever situated, which are not the property of individuals or of bodies of person legally capable of holding property are except in so far as any rights of such persons or bodies may be established in over the same and except, may be otherwise provided in any law for the time being in force, and are hereby declared to be, with all rihts in or over the same or appertaining thereto, the property of the State; and it shall be lawful for the Collector subject to the 1[order of the Commissioner] to dispose of them in such manner as may be prescribed subject always to the rights of way and all other rights of the public or of individuals legally aubsisting.

(2) Where any property or any right in over any property is claimed by or on behalf of the State or by any person as against the State, it shall be lawful for the Collector, after formal inquiry of which due notice has been given to pass an order deciding the claim.

(3) Any suit instituted in any civil court after the expiration of any year from the date of any order passed under sub-section (1) of sub-section 92) or, if one more appeals have been made against such orders within the period of limitation, then from the date of any order passed by the final appellate authority, shall be dismissed (although 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.

(4) Every person shall be deemed to have been due notice of an inquiry or order under this section, if notice there or has been given in accordance with the provisions of this Act or the rules made thereunder.

(5) Any order passed under sub-section (1) or sub-section (2) shall be enforceable by the Collector in the prescribed manner.

Footnotes in the official text

  1. 1.Subs. by Act No. 10 of 1987 for the words ‘The State Government, Pub. in Raj. Gaz. Ext-ord. Part 4(A), dt 9-4-1987 w,e,f 31-1-1987.

Practise questions on Rajasthan Local Laws