section 10
Payment of amount for damage etc.
The Kerala Irrigation and Water Conservation Act, 2003Infrastructure200398 sections14 chapters
Chapter III CONSTRUCTION OF IRRIGATION WORKS AND THEIR CLASSIFICATION
Statutory text
- (1) Any person who, by reason of the construction of an irrigation work by the Government, or the exercise of the powers conferred on the Government by or under this Act, suffers material damage on account of the deprivation or infringement of his riparian right to use watercourse for the purpose of irrigating his land or for any other purpose, shall be paid an amount of money for such damage: Provided that no amount shall be payable under this sub-section to a person who has not exercised his riparian right for a period of two years immediately preceding the commencement of this Act: Provided further that no payment under this sub-section shall be denied to a person if the non-exercise of the right was for no fault of his own: Provided also that no payment under the sub-section shall be denied to a person without giving him a reasonable opportunity of being heard.
- (2) The amount payable under sub-section (1) shall be assessed in cases where water was being used,—
- (a) for the purpose of irrigating land, at ten times the annual loss suffered or likely to be suffered by such deprivation or infringement;
- (b) for any other purpose, at five times the annual loss suffered or likely to be suffered by such deprivation or infringement.
- (3) Every claim under this section shall be preferred to the Collector within whose jurisdiction the land, the riparian right over which is deprived of, or infringed, is situated.
- (4) The Collector shall, after such enquiry as he deems fit and after giving the claimant an opportunity of being heard, by order, determine the amount, if any, payable to the claimant in consultation with the concerned Irrigation Officer and Agricultural Officer.
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