State Act

The Maharashtra Land Revenue Code, 1966

165. Wajib-ul-arz.— (1) As soon as may be after this Code comes into force, the Collector shall, according to any general or special order made by the State Government in that behalf, ascertain and record the customs in each village in regard to— (a) the right to irrigation or right of way or other easements ; (b) the right to fishing ; in any land or water belonging to or controlled or managed by the State Government or a local authority, and such record shall be known as the Wajib-ul-arz of the village. (2) The record made in pursuance of sub-section (1) shall be published by the Collector in such manner as he may deem fit and it shall, subject to the decision of a Civil Court in the suit instituted under sub-section (3), be final and conclusive. (3) Any person aggrieved by any entry made in such record may, within one year from the date of the publication of such record under sub-section (2), institute a suit in a Civil Court to have such entry cancelled or modified. (4) The Collector may, on the application of any person interested therein or on his own motion, modify any entry or insert any new entry in the Wajib-ul-arz on any of the following grounds :— (a) that, all persons interested in such entry wish to have it modified ; or (b) that, by a decree in a civil suit, it has been declared to be erroneous ; or (c) that, being founded on a decree or order of a Civil Court or on the order of a revenue officer, it is not in accordance with such decree or order ; or (d) that, being so founded, such decree or order has subsequently been varied on appeal, revision or review ; or (e) that, the Civil Court has by a decree determined any custom existing in the village.