Chapter II SURVEY OF LANDS

(1) The Government may, by notification in the Gazette, appoint any officer either by name or by virtue of his office to be a Survey Officer for all or any of the purposes of this Act. (2) Subject to the control of the Government and of any other officer or authority appointed by the Government in this behalf, every officer appointed as Survey Officer shall exercise the powers and perform the duties of a Survey Officer within such local limits as the Government may, from time to time direct. (3) The Government may, by order, direct that the powers exercisable by them under sub-sections (1) and (2) may also be exercised by such officer or authority, subject to such conditions as may be specified by them in this behalf.

The Government or, subject to the control of the Government, any officer or authority authorized by the Government in this behalf, may, by notification in the Gazette, order the survey of any land or of any boundary of any land or of the boundary forming the common limit of any Government land and any registered land.

Whenever a local authority as defined in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or in the Kerala Municipality Acts, 1994 (20 of 1994) requests the Government for surveying and demarcating the bondaries of any land vested or owned by it, the Government or any officer or authority authorized by the Government in this behalf, by notification in the Gazette shall get the land surveyed and demarcated.

The registered holder of any land may apply to the Government or to any officer or authority authorized by the Government in this behalf for the survey of his land on the ground that a portion of the land has been lost by sea erosion or action of river; and thereupon the Government or such officer or authority, as the case may be, may order the survey of the land.

(1) When any survey is ordered under section 4 or section 5, the Survey Officer shall publish a notification in the Gazette in the prescribed manner inviting all persons having any interest in the land or in the boundaries of which the survey has been ordered, to attend either in person or by agent at a specified place and time and from time to time thereafter when called upon for the purpose of pointing out boundaries and supplying information in connection herewith [Provided that where the survey is ordered for the purpose of, or in connection with, the acquisition of any land under the law relating to compulsory acquisition of land for public purposes for the time being in force, the notification under this sub-section may be published in the Gazette or in two daily newspapers which, in the opinion of the Survey Officer, have wide circulation in the locality in which the land in respect of which the survey has been ordered is situated] (2) A notification published under sub-section (1) shall be held to be a valid notice to any person having any interest in the land or in the boundaries of which the survey has been ordered. (3) Such notification shall further require every person, whether a registered holder or not, having interest in the land or in the boundaries of which the survey has been ordered- (a) to clear within a specified period by cutting down or removing any trees, jungle, fences, standing crops or other material obstructions, the boundaries or other lines, the clearance of which may be necessary for the purpose of the survey; (b) to provide labour at such times and for such periods as may, from time to time, be required by furnishing flag-holders and chainmen; and ( c) to provide suitable survey marks and otherwise to give such assistance in the survey as may be demanded under this Act or the rules made thereunder. (4) If any person fails to comply with any requisition of a Survey Officer made under clause (a), clause (b) or clause (c) of sub-section (3), the Survey Officer may himself employ hired labour [or such number of chainmen as he considers necessary.] for the purposes of survey. (5) The cost of the labour [and the cost of time and labour of the Chainmen (whether such chainmen be Government Servants or not)]. deployed and of the survey marks used in such cases shall be determined and apportioned in the prescribed manner among the person who have any interest in the land or in the bondaries of which the survey has been ordered, and shall be recoverable from such persons as an arrear of land revenue. Notice of such determination and apportionment shall be given in the prescribed manner to the persons aforesaid.

Notwithstanding anything contained in sub-sections (3), (4) and (5) of section 6, whenever it may appear to the Survey Officer to be desirable that the cost of all or any of the operations prescribed in clauses (a), (b) and (c) of sub-section (3) of section 6 shall be defrayed in the first instance by the Government, he may, with the previous sanction of the Government, in lieu of the notification prescribed in sub-section (3) of section 6, issue a notification that such cost shall be defrayed in the first instance by the Government and may thereupon proceed with the survey of the land and apportion and charge such cost in the manner prescribed under sub-section (5) of section 6: Provided that the cost of the operations in connection with the survey carried out in accordance with the orders passed under section 5 shall, in the first instance, be borne by the Government and shall be charged and recovered from the applicant in case it is found on survey that no land was lost by sea erosion or action of river, and in other cases such cost shall not be recovered.

Every Survey Officer shall be bound to carry out the survey in the manner prescribed. Provided that for the purpose of speedy survey of vast area of land, the Government may by notification in the official Gazette, authorize the concerned survey officer to conduct the survey through aerial survey or other suitable modern methods utilizing the services of such expert agencies, as may be specified by the Government in the said notification.

(1) The Survey Officer shall have power to determine and record as undisputed any boundary in respect of which no dispute is brought to his notice. [10][(2) Notice of every decision of the Survey Officer under sub-section (1) shall be published- (a) in the Gazette or in two daily newspapers which, in the opinion of the Survey Officer, have wide circulation in the locality in which the lands, the boundaries of which may be affected by the decision, are situated ; (b) in the officers of the village and the Taluk in which such land are situated; and © in the office of the Panchayat or the Municipal council or Municipal Corporation as the case may be, within whose jurisdiction such lands are situated.]

(1) Where a boundary is disputed, the Survey Officer shall, after making such inquiries as he considers necessary, determine the boundary and record it in accordance with his decision with reasons in writing for arriving at that decision. (2) Notice of every decision of the Survey Officer under sub-section (1) shall be given in the prescribed manner to the parties to the dispute and other registered holders of the lands the boundaries of which may be affected by the decision.

(1) Any person aggrieved by a decision under section 6, section 7, section 9 or section 10 may appeal to such authority as may be prescribed. The appellate authority shall record the reasons for the decision in writing and shall give notice of such decision in the prescribed manner to the parties to the appeal. any modification of the Survey Officer's decision ordered by the appellate authority shall be noted in the record prepared under section 9 or section 10, as he case may be. (2) A copy of the order and a copy of the map recording the boundaries as determined under section 9, section 10 or sub-section (1) of this section shall be furnished to any person interested in such order or map, as the case may be, on his application and payment of such cost as may be prescribed.

(1) An appeal under section 11 shall be preferred within one month from the date of service of notice under section 6, section 9 or section 10, provided that the time taken to obtain a copy of the decision and of the map shall not be included in the period of one month allowed for the appeal. (2) No appeal, after the expiry of the said period, shall be admitted unless for reasons to be recorded in writing the appellate authority is satisfied that the appellant had good and sufficient cause for not preferring the appeal within such period. Explanation.-The fact that notice under section 6, section 9 or section 10 was not served in the prescribed manner on the appellant shall be deemed to be good and sufficient cause. (3) No appeal shall be admitted under sub-section (2) after the issue of the notification specified in section 13.

When the survey of any land or boundary which has been notified under section 4 or ordered under section 5 has been completed in accordance with the orders passed under section 9, section 10 or section 11, the Survey Officer shall notify the fact in the Gazette, and a copy of such notification shall be posted in the village office, if any, of the village to which the survey relates. Unless the survey so notified is modified by an order of the Collector under section 13A or is modified by a decree of a civil court under the provisions of section 14, the record of the survey shall be conclusive proof that the boundaries determined and recorded therein have been correctly determined and recorded.

(1) Notwithstanding anything contained in section 13, the Collector may on an application from any person or any authority, examine the record in respect of the determination of any boundary which has been completed and the fact of such completion has been notified under section 13, to satisfy himself as to the legality of the determination of such boundary, and if, in any case, the Collector is satisfied that the determination of such boundary should be modified or revised, on the ground of any discrepancy, inaccuracy, defect or mistake of any kind crept in such determination, he may pass orders accordingly: Provided that the Collector shall not pass any order affecting any party unless such party has had an opportunity of making a representation. (2) Where determination of any boundary is modified or revised by an order under sub-section (1), the Survey Officer shall publish the fact of such modification or revision, as the case may be, in the Gazette and also in the notice board of the Village Office to which the survey relates.

(1) Any person deeming himself aggrieved by the determination of any boundary under section 9, section 10 or section 11 [or aggrieved by an order passed by the Collector under sub-section (1) of section 13A] may, subject to the provisions of the law of limitation in force for the time being, institute a suit within one year from the date of the notification under section 13 [or sub-section (2) of section 13A, as the case may be] to set aside or modify the said determination and the survey shall, if necessary, be altered in accordance with the final decree in the suit and the alteration, if any, shall be noted in the record. (2) In any suit under sub-section (1), the plaintiff shall join as parties to the suit all persons whom he has reason to believe to be interested in the boundary which is subject to the suit.

(1) Subject to such conditions as may be prescribed in this behalf, every registered holder of land shall be bound to maintain, renew and repair the survey marks on or within the boundaries of his holding, and, in default of his doing so, the Survey Officer, the Collector or any of the subordinates of such officers may, at the cost of the Government, maintain, renew and repair such survey marks, determine and apportion the cost of so doing, give notice of such determination and apportionment to the parties concerned and recover such cost as an arrear of public revenue due on land. Such cost may include the cost of all operations incidental to such maintenance, renewal or repair. (2) Before a Survey Officer or Collector or any of the subordinates of such officers attends to the maintenance, renewal or repair of any survey mark under sub-section (1), he shall serve a notice in writing on the registered holder in the prescribed manner giving particulars of the survey marks in respect of which default has been committed and calling upon him to maintain, renew or repair the name within a time to be specified in such notice which shall not be less than fifteen days from the date of service thereof. If a notice under this sub-section cannot be served personally on the registered holder a copy of the same shall be served on the person in possession of the land or other person interested in the land.

(1) Every order of a Survey Officer or Collector or the subordinates of such officers imposing charges under sub-section (1) of section 15 shall be recorded in writing and a copy of the order shall be supplied to the parties on their application and on payment of such cost as may be prescribed. (2) The order of the Survey Officer Collector or the subordinates of such officers shall be final, if no appeal is preferred, and in the event of an appeal being preferred, the decision of the appellate authority shall be final. (3) Any person deeming himself aggrieved by any order passed under sub-section (1) may appeal to such authority as may be prescribed, within two months of the date of service of such order.

It shall be the duty of every Village Official- (a) to prevent the destruction, injury, removal or alteration of any survey mark on or within the limits of his jurisdiction; and (b) when he becomes aware that any such mark has been destroyed, injured, removed or altered, to report the fact to such authority as may be prescribed.