Section 166 of BNSS : Section 166: Dispute concerning right of use of land or water.

Explanation using Example

Example 1:

Scenario: Dispute over a Pathway through Agricultural Land

Background: Ramesh owns a piece of agricultural land in a village in Maharashtra. His neighbor, Suresh, claims that he has the right to use a pathway that runs through Ramesh's land to access the main road. Ramesh disputes this claim and blocks the pathway, leading to a heated argument between the two.

Application of Section 166:

1. Report to Magistrate: Suresh files a complaint with the local police, who then report the matter to the Executive Magistrate, stating that the dispute is likely to cause a breach of peace.
2. Magistrate's Order: The Magistrate, satisfied that a dispute exists, issues a written order requiring both Ramesh and Suresh to appear in court on a specified date with their respective claims in writing.
3. Hearing and Evidence: On the specified date, both parties present their written statements and evidence. Suresh provides old village records and testimonies from other villagers to support his claim of the pathway being used for years.
4. Magistrate's Decision: After considering all the evidence, the Magistrate decides that Suresh does have a right to use the pathway. The Magistrate issues an order prohibiting Ramesh from obstructing the pathway and instructs him to remove any barriers.

Example 2:

Scenario: Dispute over Water Usage from a Community Well

Background: In a small town in Rajasthan, a community well is used by several families for their daily water needs. Recently, one family, the Sharmas, started using a motor pump to draw water, which significantly reduces the water available for others. The other families, led by the Patels, object to this and a dispute arises.

Application of Section 166:

1. Report to Magistrate: The Patels report the matter to the local police, who then inform the Executive Magistrate about the potential breach of peace due to the dispute.
2. Magistrate's Order: The Magistrate, upon receiving the report, issues a written order requiring both the Sharmas and the Patels to appear in court on a specified date with their respective claims in writing...

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