1840.] Memoir of Sylhet^ Kachar, ^ adjacent Districts, 827 



that particular district. By the records of that survey, and consequent 

 arrangements, it appears that only that portion of the district which was 

 known to be occupied, and to which proprietory right distinctly attached, 

 came under settlement, and though much of the land measured was 

 recorded as junglah ; recent surveys shew that there must have been 

 vast tracts of waste, which were not included in the operations of 

 that time. The cultivation of these wastes has given rise to a 

 legal question, which has employed the talents, and engaged the attention 

 of some of the ablest civilians of our day. It is well known that by the 

 provisions of the permanent settlement, the right of government to 

 derive an increase of revenue from an extention of cultivation on 

 the estates then settled, was declared to be given up for ever, and 

 it was even added, that the advantage of this declaration should be 

 conceded to those whose lands had been withheld from assessment 

 by fraud, collusion, or mistake. But wastes which at the time of the 

 settlement were not included within the known boundaries of any 

 estate, could not by any possibility be contemplated in this arrangement; 

 and as it was known by general inquiries, which have since been 

 confirmed by actual measurement, that the quantity of land under 

 cultivation in Sylhet far exceeded the total on which the settlement had 

 been concluded, it was quite clear that an acquisition had been made 

 from the waste to which the government right for revenue would apply. 

 Such lands have been called Halahadee^ and have formed the subject 

 of a most voluminous and intricate correspondence among the revenue 

 officers for many years. 



The right of government to revenue from lands which have been 

 reclaimed from the waste, and not included under the settlement, is 

 admitted by all who have made themselves acquainted with the subject, 

 but the difficulty is, to distinguish such lands; and its possibility is by 

 some authorities wholly denied. On the part of the government it is 

 urged, that documents founded on the old survey are still in existence 

 shewing the superficial contents of each estate at the time of settlement, 

 and that if on a measurement a Taluk is now found to contain more land 

 than the gross amount (abadee smd junglah J for which it was assessed, 

 there can be no doubt that the excess has been derived from the waste, 

 and indeed it does not appear, prima facie, that it could well be derived 

 from any other source. 



