CONSTRUCTION OF WATER COURSE THROUGH LAND BELONGING TO OTHER PERSON.

1.       If any person (hereinafter called "the applicant") desires to construct a water course to take water to irrigate his land for the purpose of agriculture from a source of water to which is he entitled (including any source of water belonging to Government from which water is permitted to be taken) but such water course is to be constructed through any land which belongs to or is in possession of another person (hereinafter called "the neighbouring holder"), and if no agreement is to arrived at for such construction between the applicant and the neighbouring holder, the person desiring to construct the water course may make an application in the prescribed form to the Tahsildar.

Explanation.--

For the purposes of this section, the neighbouring holder includes the person to whom the land belongs and all persons holding through or under him.

2.       On receipt of the application, if the Tahsildar after making an enquiry and after giving the neighbouring holder and all other persons interested in the land, an opportunity of stating any objection to the application, is satisfied that for ensuring the full and efficient use for a agriculture of the land belonging to the applicant it is necessary to construct the water course, he may by order in writing, direct the neighbouring holder to permit the applicant to construct the water course on the following conditions :-

                                 i.            The water course shall be constructed through such land in such direction and by manner as is agreed upon by the parties, or failing agreement, as directed by the Tahsildar, so as to cause as little damage to the land through which it is constructed, as may be possible.

                               ii.            Where the water course consists of pipes laid under or over the surface, it shall, as far as possible, be along the shortest distance through such land, regard being had to all the circumstances of the land of the neighbouring holder. Where the water course consists of underground pipes, the pipes shall be laid at a depth not less than half a metro from the surface of the land.

                              iii.            Where the water course consists of a water channel, the width of the channel shall not be more than is absolutely necessary for the carriage of water, and in any case shall not exceed one and one-half metres.

                              iv.            The applicant shall pay to the neighbouring holder—

a.       Such compensation for any damage caused to such land by reason of the construction of any water course injuriously affecting such land and

b.       such annual rent as the Tahsildar may decide to be reasonable in cases where the water course consists of a water channel and pipes laid over the surface; and where it consists of underground pipes, say, at a rate of 25 paise for every ten metres or a fraction thereof for the total length of land under which the underground pipe is laid.

                                v.            The applicant shall maintain the water course in a proper state of repair.

                              vi.            Where the water course consists of underground pipes, the applicant shall—

a.       cause the underground pipe to be laid with the least practicable delay; and dig up no more land than is reasonably necessary for the purpose of laying the underground pipe and any land so dug up shall be filled in, reinstated and made good by the applicant at his own cost for use by the neighbouring holder

                             vii.            Where the applicant desires to lay, repair or renew the pipe, he shall do so after reasonable notice to the neighbouring holders of his intention so to do and in so doing shall cause as little damage as possible to the land or any crops standing thereon.

                           viii.            Such other conditions as the Tahsildar may think fit to impose.

3.       An order made under sub-section (2) shall direct how the amount of compensation shall be apportioned among the neighbouring holders and all persons interested in the land.

4.       Any order made under sub-section (2) shall be final and be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such work as may be necessary for the construction of the water course and for renewing or repairing the same.

5.       If the applicant in whose favour an order under sub-section (2) is made—

a.       fails to pay the amount of compensation or the amount of rent, it shall be recovered as an arrear of land revenue, on an application being made to the Tahsildar by the person entitled thereto;

b.       fails to maintain the water course in a proper state for repairs, he shall be liable to pay such compensation as may be determined by the Tahsildar for any damage caused on account of such failure.

6.       If a person intends to remove or discontinue the water course constructed under the authority conferred on him under this section, he may do so after giving notice to the Tahsildar and the neighbouring holder.

In the event of removal or discontinuance of such water course, the person taking the water shall fill in and reinstate the land at his own cost with the least practicable delay. If he fails to do so, the neighbouring holder may apply to the Tahsildar who shall require such person to fill in and reinstate the land.

7.       The neighbouring holder or any person, on his behalf shall have the right to the use of any surplus water from the water course on payment of such rates as may be agreed upon between the parties, and on failure of agreement, as may be determined by the Tahsildar. If a dispute arises whether there is or is no surplus water in the water course, it shall be determined by the Tahsildar, and his decisions shall be final.

8.       There shall be no appeal from any order passed by a Tahsildar under this section. But the Collector may call for the examine the record of any case and if he considers that the order passed by the Tahsildar is illegal or improper, he may, after due notice to the parties, pass such order as he deems fit.

9.       The orders passed by the Tahsildar or Collector under this section shall not be called in question in any Court.

10.   Where any person, who after a summary inquiry before the Collector or a Survey Officer, Tahsildar or Naib-Tahsildar is proved to have wilfully injured or damaged any water course duly constructed or laid under this section, he shall be liable to a fine not exceeding one hundred rupees every time for the injury or damage so caused.