Water channels and water reservoirs

Conversion of Water channels and water reservoirs for irrigation cannot be converted to other purposes. Revenue authorities having no jurisdiction to decide title of the land under Section 35. If such conversion is attempted the affected railways or the State may initiate appropriate legal proceedings. Respondent No. 2 evidently had no jurisdiction to decide a complicated question of title while exercising his jurisdiction under Section 35 of the said Act. The respondents have contended that no sale of a tenk can be made by a raiyat. If the tank is converted for the use of any other purpose or brought under cultivation, it would be open to the affected raiyats or the State to imitate an appropriate legal action against the petitioner. It is further made clear that the disputed question of title of the petitioners in respect of the aforementioned tank may be decided in an appropriate proceeding. [Ansar Ali v. State of Bihar, 1996, (2) P L J R 656 : (1) B L J 751 (Pat)]. (1) Bandhas, aharas, tanks and other water reservoirs or channels, which are used either for the purposes of protection from flood or for irrigation, bathing, washing or drinking, shall not be settled for or converted to any other purpose without the consent of the raiyats and the village headman or mulraiyat, or the landlord inkhas village, and the approval of the Deputy Commissioner. No one shall bring under cultivation any such water reservoir or channel. (2) No proprietor or landlord shall be entitled to levy any charge for the use of water reservoirs and channels mentioned in sub-section (1) for irrigation, bathing, washing or drinking purposes.