section 72
Power of Canal Officer to order use of distribution of water
The Jammu and Kashmir Irrigation Act, 1978(1) The Zilladar may, if he considers necessary, pass an order as to the use or distribution of water from a dam, storage tank or water course or field channel amongst persons in any land or a group of lands or in any holding or group of holdings in such land or lands: Provided that no such order shall be passed by the Zilladar without making any inquiry into the matter and without giving notice to all the persons interested that on a day to be named in such notice, he shall proceed to inquire into the said matter. (2) Whenever a difference arises between two or more persons in regard to their mutual rights or liabilities in respect of the use or maintenance of a dam, storage tank or water course or field channel or field drain any such person may apply in writing to the Zilladar stating the matter in dispute. (3) On receipt of an application under sub-section (2), the Zilladar shall give notice to the other persons interested, and on a day to be named in such notice, he shall proceed to enquire into such matter and after the enquiry, he shall try to bring about a compromise between the parties. (4) On the failure of the Zilladar to bring about a compromise, he shall pass an interim order as regards the use or maintenance, of a storage tank or water course of field channel or field drain pending the disposal of the dispute and he 'shall forward the dispute to the Canal Officer along with his findings and the Canal Officer shall pass an order thereon after giving a hearing to the parties. (5) The Divisional Canal Officer, within whose jurisdiction the dam, storage tank or water course or field channel or field drain is situated, may, on his own motion or on an application made in this behalf by an aggrieved person, revise an order passed by a Canal Officer under sub-section (4): Provided that no such application shall lie unless it is made within a period of thirty days from the date of such order. (6) No order passed under this section shall be liable to be called in question in any civil court.
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