5. Notification to issue when water supply is to be applied for public
purposes. - Whenever it appears expedient to the State Government that the
water of any river or stream flowing in a natural channel or of any lake or other
natural collection of still water should be applied or used by the State
Government for the purposes of any existing or projected canal or drainage work,
the State Government may, by notification in the official Gazette, declare that the
said water will be so applied or used after a day to be named in the said
notification, not being earlier than three months from the date thereof.
6. Powers of Canal officers. - At any time after the day so named, any Canal
Officer, acting under the orders of the State Government in this behalf, may enter
on any land and remove any obstructions, and may close any channels, and do
any other thing necessary for such application or use of the said water.
7. Notice as to claims for compensation. - As soon as practicable after the
issue of such notification, the Collector shall cause public notice to be given at
convenient places, stating that the State Government intends to apply or use the
said water as aforesaid, and that claims for compensation in respect of the
matters mentioned in section eight may be made before him.
8. Damage for which compensation shall not be awarded. - No compensation
shall be awarded for any damage caused by -
(a) stoppage or diminution or percolation or floods;
(b) deterioration of climate or soil;
(c) stoppage of navigation or of the means of drifting timber or water cattle;
(d) displacement of labour.
Matter in respect of which compensation may be awarded. - But
compensation may be awarded in respect of any of the following matters :-
(e) stoppage or diminution of supply of water through any natural channel to
any defined artificial channel, whether above or underground in use at the
date of the said notification;
(f) stoppage or diminution of supply of water to any work erected for purposes
of profit on any channels whether natural or artificial, in use at the date of
the said notification;
(g) stoppage or diminution of supply of water through any natural channel
which has been used for purposes of irrigation within the five years next
before the date of the said notification;
(h) damage done in respect of any right to a water-course or the use of any
water to which any person is entitled under the [Indian Limitation Act, 1877,
Part IV (XV of 1877)];
(i) any other substantial damage not falling under any of the above clauses
(a), (b), (c) or (d) and caused by the exercise of the powers conferred by
this Act, which is capable of being ascertained and estimated at the time of
awarding such compensation.
In determining the amount of such compensation regard shall be had to the
diminution in the market value, at the time of awarding compensation of the
property in respect of which compensation is claimed and where such market
value is not ascertainable, the amount shall be reckoned at twelve times the
amount of the diminution of the annual net profits of such property caused by the
exercise of the power conferred by this Act.
No right to any such supply of water as is referred to in clause (e), (f) or (g) of this
section, in respect of a work or channel not in use at the date of the notification,
shall be acquired as against the State Government except by grant or under
the [Indian Limitation Act, 1877 Part IV.]
And no right to any of the advantages referred to in clauses (a), (b) and (c) of this
section shall be acquired as against the State Government under the same part.
9. Limitation of claims. - No claim for compensation for any such stoppage,
diminution or drainage, shall be made after the expiration of one year from such
stoppage, diminution or damage, unless the Collector is satisfied that the
claimant had sufficient cause for not making the claims within such period.
10. Enquiry into claims and amount of compensation. - The Collector shall
proceed to enquire into any such claim, and to determine the amount of
compensation, if any, which should be given to the claimant, and sections nine to
twelve (inclusive), fourteen and fifteen, eighteen to twenty-three (inclusive),
twenty-six to forty (inclusive), fifty-one, fifty-seven, fifty- eight and fifty-nine of the
Land Acquisition Act, 1870, shall apply to such enquiries :
Provided that, instead of the last clause of the said section twenty-six the
following shall be read :-
"The provision of this section and of section eight of the Northern India
Canal and Drainage Act, 1873 shall be read to every assessor in a language
which he understands, before he gives his opinion as to the amount of
compensation to be awarded".
11. Abatement of rent on interruption of water supply. - Every tenant holding
under an unexpired lease, [XXX] who is in occupation of any land at the time
when any stoppage or diminution of water supply in respect of which
compensation is allowed under section eight takes place, may claim an
abatement of the rent previously payable by him for the said land on the ground
that the interruption reduces the value of the holding.
12. Enhancement of rent on restoration of water supply. - If a water supply
increasing the value of such holding is afterwards restored to the said land, the
rent of the tenant may be enhanced, in respect of the increased value of such
land due to the restored water supply to an amount not exceeding that at which it
is stood immediately before the abatement.
Such enhancement shall be on account only of the restored water supply and
shall not affect the liability of the tenant to enhancement of rent on any other
ground.
13. Compensation when due. - All sums of money payable for compensation
under this part shall become due three months after the claim for such
compensation is made in respect of the stoppage, diminution or damage
complained of.
Interest. - And simple interest at the rate of six per cent per annum shall be
allowed on any such sum remaining unpaid after the said three months, except
where the non-payment of such sum is caused by the wilful neglect or refusal of
the claimant to receive the same.