JUDGMENT A.U. Khan, Member - The Facts Are: Natho's move an application for correction of map under Section 28 Land Revenue Act in Additional Collector's Firozabad, Agra on 6.3.82. The pleading has set forth the contention that he is bhumidhar tenant in possession of plot No. 94 admeasuring 8.1.7. His grievance is that figure of his map is showing less area than in map chaktarashi of consolidation. More, he claims that area is in excess in the map of Babu's which will restore his deficient apace. He becomes aware of lesser area in map when demarcation proceeding was going space. The relief for correction of map area of plot No. 94 has been prayed for. 2. The application sent to Tahsildar for enquiry and report. A report dated 20.5.82 received. An objection in opposition is lodged by Har Prasad's on 31.7.82. He strongly refutes the case set forth in application: he charges that enquiry report is partisan and spiteful. Parties are given chance to make their representation. Additional Collector Firozabad by his order dated 28.8.82 allows the application; directs correction in map according to proposal in Tahsildar's report 20.5.82. 3. Objector Har Prasad lodges a revision in Commissioner's. Shri Vishnu Swaroop learned Additional Commissioner by his order 18.2.85 submits a reference to set aside Additional Collector's and to remand the application to him to re-enquire through Tahsildar/Supervisor Kanungo and to decide accordingly. The reference is up for decision. 4. Heard the counsel for and against the reference. 5. Applicant Natho has not precisely set forth that map area be corrected according to that in records of rights. But taking entire pleading it becomes clear that his relief is set for this end. I, therefore, hold that his application comes within the scope of Section 28 Land Revenue Act. 6. Applicant Natho should file a certified copy of a map and an extract of khatauni along with his application. He has further burden to examine a survey expert with sharp skill in area extraction from a map in Collector's to show with precision how much area is actually deficient than he is entitled to. The Collector, then, is to evaluate and decide accordingly. Collector is under no obligation to collect evidence for Natho by sending his application for enquiry and report to Sub-Divisional Officer/Tahsildar/Consolidation Office. The reason is obvious: jurisdictional engagement is Collector's alone: 1977 RD 234 FBBS. The Collector, then, is to evaluate and decide accordingly. Collector is under no obligation to collect evidence for Natho by sending his application for enquiry and report to Sub-Divisional Officer/Tahsildar/Consolidation Office. The reason is obvious: jurisdictional engagement is Collector's alone: 1977 RD 234 FBBS. The proceeding is essentially judicial: a characteristic no less tangible. It requires application of provisions of Indian Evidence Act and Civil Procedure Code with full vigour. Collector cannot delegate to an Assistant Collector, First Class the power to correct a map. Nor he can delegate power to Sub-Divisional Officer/Tahsildar/Supervisor Kanungo to enquire, hear the parties, and submit an enquiry report on the subject: 1977 RD 239. The report is inadmissible in evidence. It is not a public document under Section 74 and 35 Indian Evidence Act. The same is not admissible unless enquiry officer is examined at the trial; 1990 (i) C.R.C. 541 (H.C.) and A.I.R. 1976 121 (H.C.). 7. It is apt to examine, at the beginning, whether application comes within the scope of Section 28 Land Revenue Act. When facts set forth is an application make out a precise case of only clerical error which looms large in a map it will be an occasion for correction: 1990 RD 205. To put candidly: when stated facts show that area extracted from figure of a map is distinctly less than recorded in current khatauni, a summon is to Collector to do his duty under Section 28 Land Revenue Act. It is not illustrative of a clerical error when: 8. Relief sought is for reciprocal change of place of a plot number in a map. Say, placing, plot No. 175 in place of 176 and vice versa (2) Relief involves correction in the figure of a map according to possession at the spot (3). Relief entails change in the figure of a map in derogation of a tenant's rights finally decided here, there and in consolidation (4) matters in respect of which objection under Section 11-A of C.H. Act: claims to land, partition of joint holdings, valuation of plots, trees, wells and other improvements, relating to consolidation area, is barred, is not open to re-agitation under the garb of a map correction. It should not one way or the other and in any form, implicit or explicit, call upon Collector to do duty as it respects alteration of map lines which interrogates substantive rights of tenants in possession of adjacent fields. 9. What is the method of area extraction from a map? All figures bounded by straight lines can be divided into triangles. Therefore, by knowing the rule for a triangle we can find all such areas. Area of any figure is obtained by the area-combs. How to take out area of triangles into which most of the geomatrical shapes are resolved? The use of combs for smaller areas cannot give mathematically accurate result. Slight deviation in this mechanical method occurs; still this is adopted as there is a large saving of trouble. The other method is to obtain results mathematically. Shri J.N. Nagu, for sometime Secretary, Board of Revenue, in his book "Essentials in Practical Survey, 1946 page 112 has explained the method of use of area combs. He states at page 316: To eliminate possible errors three independent readings should be taken in the form below. Each reading should be from a side different from the other and not from the same side. The three results thus obtained should be totalled up in column 5 and this total divided by 3 so as to obtain average area in column 6. FORM For Calculating Average Area with specimen figures in Acres and Decimals and in Bighas and Biswas No. of plot First reading Second reading Third reading Total of columns Average area Remarks if any. 1 2 3 4 5 6 7 48 1.02 1.01 1.03 3.06 1.02 Acres and decimals 36 1-5 1-4 1 -4-1/2 5-12-1/2 1 -4-1/2 Bighas and Biswas So that is that. 10. The reference is accepted but for different reasons. Revision is allowed. Order of Additional Collector 28.8.82 is set aside. The application is sent to Collector, Firozabed according to law.