section 2
Right of property in public roads, etc., waters and lands
The Tamil Nadu Land Encroachment Act, 1905(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 mark, and of rivers, streams, nalas, lakes and tanks, and all back waters, 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, 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, including that of a janmi in the Gudalur taluk of the Nilgiris district or in the transferred territory or in any way subject to the payment of land-revenue direct to Government, or (d) of any other registered holder of land in proprietory right, or (e) of any other person holding land under grant from 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 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 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.
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