Chapter V AWARD OF COMPENSATION

20. Compensation may be awarded in respect of any substantial damage caused by the exercise of any of the powers conferred by or under this Act, which is capable of being ascertained and estimated at the time of awarding such compensation:

Provided that no compensation shall be awarded in respect of any damage arising from -

1. (a) deterioration of climate, or
2. (b) stoppage of navigation, or the means of rafting timber or of watering cattle, or
3. (c) stoppage or diminution of any supply of water in consequence of the exercise of the power conferred by section 4, if no use has been made of such supply within the five years prior to the date of issue of the notification under section 4, or
4. (d) failure or stoppage of the water in a canal, when such failure or stoppage is due to-
   • (i) any cause beyond the control of the State Government,
   • (ii) the

21. No claim for compensation under this Act shall be entertained after the expiration of twelve months from the time when the damage complained has commenced, unless the Appellate Authority is satisfied that the claimant had sufficient cause for not making the claim within such period.

22. In every case of entry upon any land or building under section 5, 6, 7 or 8, the canal-officer or person making the entry shall ascertain and record the extent of the damage, if any, caused by the entry, or in the execution of any work, to any crop, tree, building or other property. The canal officer shall within one month from the date of such entry tender the compensation to the land holder or owner of the property damaged.

Compensation on account of interruption of water-supply. 23. If the supply of water to any land irrigated from a canal is interrupted otherwise than in the manner described in clause

1. (d) of section 20, the holder of such land may prefer an appeal for compensation to the Appellate Authority for any loss arising from such interruption, and the Appellate Authority, after consulting the canal-officer shall award to the applicant reasonable compensation for such loss.

24. The decision of the Appellate Authority under section 22 or 23 as to the amount of compensation to be awarded, or, if any rule framed under section 47, the decision of the appellate authority in the matter prescribed under section 47 shall be conclusive and final.

25. As soon as practicable after the issue of a notification under section 4, the Collector shall cause a public notice to be given at convenient places, stating that the Government intends to apply or use the water as aforesaid, and that claims for compensation may be made before him.

Claim to be referred to Collector.

Provisions of Land Acquisition Act, 1894 to apply in inquiry and award.

1. (1) The Collector shall inquire into every such claim and determine the amount of compensation, if any, which may, in his opinion be given to the claimant, and shall make an award.
2. (2) Every award made under sub-section
3. (1) shall be in the form of award declared under section 26 of the Land Acquisition Act, 1894, and the provisions of the said Act shall so far as may be, apply to the inquiry and the making of an award under sub-section (1).

In determining the amount of compensation under section 27, regard shall be had to the diminution in the market-value, at the time of awarding compensation, of the property in respect of which compensation is claimed.

Compensation when due and interest thereon.

1. (1) All sums of money payable for compensation awarded under section 27 shall be due three months after the claim for such compensation was made.
2. (2) Simple interest at the rate of six per cent. per annum shall be allowed on any such sum remaining unpaid after the said three months, except when the non-payment of such sum is caused by the neglect or refusal of the claimant to apply for or receive the same.