Section 19 of The Jammu and Kashmir Irrigation Act, 1978 — Protection of water courses against demolition etc
Bare section text
Official Legislative Text
(1) If a person demolishes, alters, enlarges, obstructs or encroaches upon a water course or field channel or cause any damage thereto, any person affected thereby may apply to the Canal Officer for directing the restoration of the water course or field channel to its original condition.(2) The Canal Officer may, on his own motion or on the information given by village Patwari, Zilladar or any other officer or on receiving an application under sub-section (1), after making such enquiry as he may deem fit, require, by a notice, in writing served on the persons found to be responsible for so demolishing, altering, enlarging, obstructing, encroaching or causing damage to restore, at his own cost, the water course or field channel to its original condition within such period as may be specified in the notice.(3) If such person fails, to the satisfaction of the Canal Officer, to restore the water course or field channel to its original condition within the period specified in the notice served on him under subsection (2), the Canal Officer may cause the water course or field channel to be restored to its original condition and recover the cost incurred in respect of such restoration from the defaulting person.(4) Any person aggrieved by the order of the Canal Officer may prefer an appeal, within thirty days of the passing of such order, to the Divisional Canal Officer, whose decision on such appeal shall be final.