Preamble
Water-Courses 15. Determination of the need for water-course and their alignment in any area.— (1) The Canal-Officer on being satisfied that the construction of water-courses in any area is necessary in the public interest for supply of water from a canal to lands requiring such supply for the purpose of cultivation, shall declare by notification, that
such water-courses may be constructed after a date to be specified in the notification, not
being earlier than thirty days from the date of publication thereof. A copy of such notification shall be sent to the Mamlatdar of the area for publication in the village concerned.
- (2)After the date specified in the notification under sub-section (1) the Canal-Officer
shall determine the suitable alignment for the water-courses and shall mark out the land,
which in his opinion, is necessary to occupy for the construction thereof. He shall forthwith publish a notification by affixture on the notice board in his office that so much of such land as is situated within such village or villages has been so marked out and shall send a copy of such notification to the Mamlatdar for publication in every village through which the water-course is taken on such lands. He shall also send a copy of such notification to the Collector of every District in which such land is situated. 16. Collector to acquire land.— (1) On receipt of a copy of a notification under section 15, the Collector shall issue notices to the owner of such land and other persons interested in it to show cause why such land should not be acquired and after giving them a reasonable opportunity of being heard, if satisfied that such land is required for a water-
-course, proceed to acquire and take possession of such land under the provisions of the
Land Acquisition Act, 1894 (Central Act 1 of 1894) as if a declaration had been issued by the Government for the acquisition thereof under section 6 of that Act and as if the Government had thereupon directed the Collector to take order for the acquisition of such land under section 7 of the said Act and as if the Government had issued orders for the immediate possession being taken under section 17 of the said Act.
- (2)Notwithstanding anything contained in the Land Acquisition Act, 1894 (Central Act I of 1894), the acquisition of any land under sub-section (1) shall be deemed to be for a public purpose.
- (3)Save as aforesaid, the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894), shall apply to acquisitions to be made under this Act.
17. Such acquired land to remain as property of Government.— On possession of
the land being taken, the Canal-Officer shall fix the boundary marks in the prescribed manner and thereupon the ownership of such land shall vest in Government. 18. Obligations of user of water-course.— (1) Every user of water-course shall be bound to maintain such water-course in a fit state of repair for the conveyance of water.
- (2)Every user of water-course shall subject to the provisions of Part IV be entitled to have a supply of water by such water-course on such terms as may be prescribed. 19. Failure to execute work or to repair water-course.— If any user of a water-
-course fails to fulfill any obligation imposed upon him by sub-section (1) of section 18,
the Canal-Officer may require him, by notice to execute the necessary repairs within a period of not less than seven days to be specified in such notice, and, in the event of a failure, may execute the same and, except as hereinafter provided in this section, all
expenses incurred in the execution of such repairs shall be a sum due by such user to the
Government and shall be recoverable as an arrear of land revenue.
20. Canal-Officer to construct water-courses.— After any land has been acquired
under section 16 and has vested in the Government under section 17, the Canal-Officer shall construct the water-courses necessary in the area.