Report No. 185
Section 36. refers to relevancy of statements in maps, charts and plans and reads (as amended in 1948, 1950) as follows:
"Section.36: Statement of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Central Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts."
In the 69th Report, it was pointed out firstly (see para 14.32) that the words 'maps or plans or charts' must appear in the first and second parts of Section 36. As at present, in the first part which refers to those offered for public sale, 'plans' are not included while in the second part which refers to those made under the authority of Government, 'charts' are not included. Secondly, it was stated (see para 14.34) that the opening part of the section which refers to "statements of facts in issue or relevant facts" is governed by the words in the latter part, namely, "as to matters usually represented or stated" and that this idea must be prominently brought out by suitable amendment.
In this context, we may refer to Ram Kishore Sen v. Union of India, AIR 1966 SC 644 and Dharam Singh v. State of UP, 1962 Suppl (3) SCR 769 to the effect that the section deals with relevancy only of matters 'usually represented or stated' by such plans, maps or charts and not if such plans or charts or maps are prepared for the specific purpose of a litigation between the Government and a particular person. In that event, the facts stated in the plans or charts or maps will have to be established by the Government independently.
We may add that under Order 26 R10, Code of Civil Procedure, 1908, a map prepared by a Commissioner who makes a local investigation is by itself evidence.
We do not think it necessary to accept the second part of the recommendation of the 69th report. Further, the words "as to matters usually represented or stated" cannot easily be particularized.
We, therefore, recommend, that the recommendations made in the 69th report be accepted by referring to the words 'maps, charts and plans' in both parts of Section 36 and further Section 36 may be recast as follows:
"36. Relevancy of statements in maps, charts and plans.- Statements of facts in issue or relevant fact.-
(a) made in published maps, charts or plans generally offered for public sale; or
(b) contained in published maps, charts or plan made under the authority of the Central Government or any State Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts."
We recommend accordingly.