Failure to pay rent to keep water course in good repair.

If the applicant in whose favour an order under sub-section (2) of section 39 was made — (a) fails to pay the amount of compensation or the amount of the rent, it shall be recovered as an arrear of land revenue on an application being made to the Mamlatdar by the person entitled thereto; (b) fails to maintain the water course in a fit state of repairs shall be liable to pay such compensation as may be determined by the Mamlatdar for any damage caused on account of such failure.