section 21
Supply of water through intervening water course
The Jammu and Kashmir Irrigation Act, 1978(1) Whenever application is made to a Canal Officer for supply of water from an irrigation work, and it appears to him expedient that such supply should be given and that it should be conveyed through some field channel, he shall give notice to the persons responsible for the maintenance of such field channel to show cause on a day not less than seven days from the date of such notice, why the said supply should not be so conveyed, and, after making enquiry on such day, the Canal Officer shall determine whether and on what conditions the said supply shall be conveyed through such field channel: Provided that such application is made for lands already included in the irrigation works. (2) Any person, aggrieved by the determination of the Canal Sneer, may prefer an appeal to the Divisional Canal Officer within thirty days of such determination. (3) When the Canal Officer determines that supply of water of an irrigation work may be conveyed through any field channel as aforesaid his decision shall, when confirmed or modified by the Divisional Canal Officer on appeal, be binding on the applicant and also on the persons responsible for the maintenance of the said field channel. (4) Such applicant shall not be entitled to use such field channel until he has paid the expenses of alteration of such field channel necessary in order to his being supplied through it, and also such share of the first cost of such field channel as the Canal Officer or, as the case may be, Divisional Canal Officer may determine. (5) Such applicant shall also be liable for his share of the cost of maintenance of such field channel so long as he uses it.
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