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Section 2: Right of property in public roads, etc., waters and lands

The Telangana Land Encroachment Act, 1905

How current this text is

Text as published by India Code for the Government of Telangana (Revenue Department): the Andhra Pradesh Land Encroachment Act, 1905 as in force in the combined State on 2 June 2014, adapted to Telangana under section 101 of the Andhra Pradesh Reorganisation Act, 2014 by the Telangana Adaptation of Laws Order, 2016 (G.O.Ms.No.45, Law (F) Department, dated 01.06.2016), with amendments up to Act No.23 of 1980.

Section 16 is followed in this copy by the text of the provisions of Act XXV of 1958 on removal of difficulties and the effect of other laws, printed under the heading "The provisions as per Act XXV of 1958"; they are shown at the end of section 16 as printed.

(1) All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water marks, and of rivers, streams, nalas, lakes and tanks, and all canals and water-courses, and all standing and flowing water, and all lands, wherever situated, save in so far as the same are the property,-

(a) of any zamindar, poligar, mittadar, jagirdar, shrotriemdar or inamdar or any person claiming through or holding under any of them, or

(b) of any person paying shist, Kattubadi, jodi, poruppu or quit-rent to any of the aforesaid persons, or

(c) of any person holding under ryotwari tenure, 1[XXX] or in any way subject to the payment of land-revenue direct to Government, or

(d) of any other registered holder of land in proprietary right, or

(e) of any other person holding land under grant from 2[the Government] otherwise than by way of licence,

and, as to lands, save also in so far as they are temple site or owned as house-site or backyard,

are and are hereby declared to be 3[the property of Government] except as may be otherwise provided by any law for the time being in force, subject always to all rights of way and other public rights and to the natural and easement rights of other land-owners, and to all customary rights legally subsisting.

(2) All public roads and streets vested in any local authority shall, for the purposes of this Act, be deemed to be 4[the property of Government].

Explanation:- In this section “high water mark” means the highest point reached by ordinary spring tides at any season of the year.

Footnotes in the official text

  1. 1.The words “including that of a janmi in Malabar, or of a wargdar in South Canara,” were omitted by the Andhra Adaptation of Laws Order, 1953.
  2. 2.The word “Government” was substituted for “Crown” by the Adaptation of Laws Order, 1950.
  3. 3.The words “the property of Government” were substituted for “Crown property” by the Adaptation of Laws (Amendment) Order, 1950.
  4. 4.The words “the property of Government” were substituted for “Crown property” by the Adaptation of Laws (Amendment) Order, 1950.