Section 44 of The Bengal Irrigation Act, 1876 — Disposal of claims to compensation

Bare section text

Official Legislative Text

Whenever, in pursuance of a notification made under section 40, any obstruction is removed or modified; or, whenever any drainage-work is carried out under the last preceding section, all claims for compensation on account of any loss consequent on the removal or modification of the said obstruction, or the construction of such work, may be made before the Collector and he shall deal with the same in the manner provided in Part II; but no compensation shall be allowed for any damages arising from increase of percolation.

Educational Study Layer

Summary

Claims for compensation can be filed if a person suffers a loss due to the removal or modification of an obstruction under a Section 40 notification.
All compensation claims under this section must be submitted to the Collector, who will process them according to the procedures laid out in Part II of this Act.
There is a strict ban on compensation for any damages that arise from an increase in percolation.

Practical examples

1Under a Section 40 notification, the government removes an earthen embankment that a private mill owner, Dev, had been using as a private bridge. The removal of the embankment destroys Dev's access route, causing him financial loss. Dev files a claim before the Collector. The Collector evaluates the claim using the procedures in Part II and awards Dev compensation for his loss of property value.

2The government executes a massive drainage scheme under Section 43, digging a deep channel through a farmer's plot. While the trench is being dug, the adjoining fields suffer from increased water seepage, also known as percolation, through the sandy soil, causing some crops to rot. Manoj files a claim for compensation. The Collector, applying Section 44, rejects Manoj's claim related to crop rot from increased percolation because the Act explicitly bars compensation for percolation damage.

FAQ

1. Who do I submit my compensation claim to if my property is damaged by a government drainage scheme under Section 44 of this Act?

You must submit your compensation claim to the Collector, who has the authority to hear and process these claims under Section 44 of this Act.

2. Can I get compensation if water seeps into my land from a new drainage work and damages my crops under Section 44 of this Act?

No, Section 44 of this Act explicitly states that no compensation shall be allowed for any damages arising from an increase in percolation, which is water seepage.

3. What legal process does the Collector use to decide compensation claims under Section 44 of this Act?

The Collector is legally bound to deal with the claims in the manner provided in Part II of this Act, which includes conducting summary inquiries and tendering agreed amounts under Section 44 of this Act.

4. If my unauthorized dam is removed by order of the government, can I claim compensation for my lost water storage under Section 44 of this Act?

Yes, you can submit a claim before the Collector for losses consequent on the removal or modification of the obstruction, and the claim will be evaluated under the rules of Part II, subject to Section 44 of this Act.

Practice Quiz

Q1.Under Section 44 of this Act, which of the following damages is strictly excluded from any compensation award?

Q2.Under Section 44 of this Act, how must the Collector handle and evaluate claims for losses caused by the construction of a drainage-work?

Q3.When does a claim for compensation under Section 44 of this Act become due for payment, and what interest rate applies if it remains unpaid, as governed by Part II (Section 30) of this Act?

Q4.Under Section 44 of this Act, which of the following events can trigger a valid claim for compensation before the Collector?

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