Remittal for Fresh Demarcation Mandatory Where Permanent Boundary Marks are Not Re-established Under Section 129 CGLRC

The petitioner, M/s Mivaan Steels Ltd., challenged an order dated 23.03.2026 passed by the Commissioner, Raipur Division, which rejected their revision petition under Section 50 of the Chhattisgarh Land Revenue Code, 1959 (CGLRC).

The petitioner also sought to quash a demarcation report dated 30.08.2024 and a subsequent order dated 03.09.2024.

The petitioner contended that the initial demarcation was procedurally flawed as it failed to re-establish permanent boundary marks (Chanda-Munaara) and was erroneously based on the boundaries of neighboring survey numbers.

During the proceedings, the petitioner requested a fresh demarcation, to which the State and private respondents consented.

1. Whether the demarcation report dated 30.08.2024 was legally sustainable given the alleged failure to follow prescribed procedures under the CGLRC.

2. Whether a fresh demarcation of the disputed land was necessary to ensure the ends of justice and regulatory compliance.

Section 129 of the Chhattisgarh Land Revenue Code, 1959, which governs the procedure for the demarcation of boundaries of survey numbers or sub-divisions.

Section 124 regarding the maintenance of boundary marks and the Rules framed under the CGLRC.

The principle of Audi Alteram Partem by requiring due notice and adequate opportunity of hearing for all affected parties during revenue proceedings.

The Court did not engage in a detailed merit-based adjudication because of the consensus reached between the parties.

The Court observed that the petitioner’s grievance regarding the lack of permanent boundary marks and the use of neighboring survey boundaries touched upon the "legality, validity, and propriety" of the revenue authorities' actions.

By directing the constitution of a specific technical team—comprising a Tahsildar, two Revenue Inspectors, and two Patwaris—the Court ensured that the fresh demarcation would rectify the alleged technical errors of the previous report while strictly adhering to the statutory procedure and natural justice.

It ordered the Sub-Divisional Officer (Revenue), Arang, to conduct a fresh demarcation of the disputed land strictly as per Section 129 of the CGLRC.

The holding mandated that the process be completed within three months, requiring the presence of all parties and ensuring they are afforded a fair hearing.

No order was made as to costs.