Vidhi Codex

section 7

Determination of compensations

The Madhya Pradesh Regulation of Waters Act, 1949
General194913 sections
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Statutory text
  1. (1) Any person who, in consequence of the appro-priation of water by an industrial concern or a local authority under the provisions of this Act, or any rules made thereunder is adversely affected, may apply for compensation in such form, as may be prescribed, to the [Collector]¹ of the dis-trict in which the damage in consequence of such appriation occurs.
  2. (2) Notwithstanding anything contained in the In-dian Limitation Act, 1908 (IX of 1908)² or any other en-actment for the time being in force, no claim for compensation under sub-section
  3. (1) shall be made after the expiration of one year from the date of the appropriation of water by an industrial concern or local authority under this Act.
  4. (3) On receipt of such application the [Collector]¹ shall make such enquiry as he deems necessary and, on being satisfied that compensation is payable, determine the amount of compensation. The order of the [Collector]¹ shall, subject to the result of the civil suit filed, if any, under sub-section (5), be conclusive.
  5. (4) No compensation shall be awarded for any damage caused by—
    • (a) stoppage or diminution of percolation or floods;
    • (b) deterioration of climate or soil:
    • (c) stoppage of navigation, or of the means of drifting timber or watering cattle as a result of the use of water from a natural source of supply under this Act.
  6. (5) Any person aggrieved by the decision of the [Collector]¹ under sub-section
  7. (3) may, within six months from the date of such decision, institute a suit in a civil court to have such decision set aside or modified.
  8. (6) The amount of compensation determined under this section or by a civil court in consequence of a suit insti-tuted in prusuance of sub-section
  9. (5) shall be paid by the in-dustrial concern or local authority in respect of which an order under section 8 was issued.
  10. (7) If in any case no civil suit is filed in accordance with sub-section
  11. (5) and—
    • (i) the industrial concern fails to pay the amount of compensation determined under this section, the amount shall, after the expiration of the period allowed for filing the civil suit, be recoverable as arrears of land revenue;
    • (ii) the local authority fails to pay the amount of compensation determined under this section, the State Government shall, after the expiration of the period allowed for filing the civil suit, by an order in writing fix a period for the payment of the said amount and if the local authority commits default, the State Government may make an order directing the person having the custody of the balance of the fund of the local authority concerned to pay the amount and such person shall comply with the order.
  12. (8) The payment of compensation under this section to the person entitled thereto in the opinion of the [Collector]¹ shall be a full discharge of the State Government and the industrial undertaking or the local authority, as the case may be, from all liability in respect of compensation, but shall not prejudice any rights in respect of the said property to which any other person may be entitled by due process of law to enforce against the person to whom compensation has been paid as aforesaid.
  13. (9) Except as provided in sub-section (5), no civil court shall have jurisdiction to entertain any suit for compensation by a person affected in consequence of appropriation of water by an industrial concern or local authority under the provisions of this Act or any rules made thereunder.

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