Result of applicant's failure to construct work or comply with conditions

(1) If an applicant or his representative-in-interest fails (a) to construct the work for the purpose for which the land has been acquired under this Act; or (b) to construct and maintain the necessary work In accordance with the conditions stated in sub-section (3) of section 87 to the satisfaction of the Collector, within a time to be specified by the Collector or within such further time as the Collector may from time to time allow, the person who owned the land at the date of acquisition or his representative-in- interest may, within one year of the expiry of the period mentioned above, claim in the court of the Collector the return of the land on payment of compensation paid to him after deduction there from of the amount paid under sub- section (2) of section 23 of the Land Acquisition Act, 1B94 (I of 1894) and other sum which may be awarded by the Collector for depreciation in value of the land subsequent to acquisition. (2) An order of the Collector for the return of the land shall operate to re-vest the land in the person to whom it belonged before the acquisition or in his representative-In-interest, as the case may be, Section-89A,B] M.P. Irrigation Act, 1931 [65 subject to all the rights of other persons existing at the time of acquisition. [89-A. Acquisition of the right of supply through an existing private water course. - (1) Any permanent holder of Irrigable or wet land desiring to have the right of supply of water through a private water course of another person passing through, or by the side of, or within easy reach of such land may apply to the Collector. (2) If the applicant undertakes to defray all cost involved in acquiring such right and to share the expenses made by the owner in the construction other water-course, the Collector shall serve a notice on the owner to show cause why the right should not be granted. (3) If the owner of the water-course raises no objection, the Collector may declare the applicant to be the joint holder of the water course on such conditions, as to the payment of cost, compensation or otherwise as may appear to him equitable. 89-B. Constriction of a private Water course.-(1) Subject to rules made under this Act, a permanent holder of irrigable or wet land in a village or chak may construct on his land a private water-course. (2) Every permanent holder desiring to construct a Private water Course shall, before undertaking the construction thereof, make an application in writing to the Executive Engineer clearly disclosing therein the details of the proposed water course including its alignment, the land which is sought to be irrigated and such other particulars as may be prescribed. 1. Section 89.A to 89-E inserted vide M. P. Extension of Laws Act, 1958 (No. 23 of 1958). Section-89 B,C] M.P. Irrigation Act, 1931 [66 (3) On receipt of the application, the Executive Engineer shall, after making or causing to be made such enquiry, as he deems fit, lay down the specifications for the construction of the private water-course and give such other direction in relation there to as he may consider necessary. (4) Every private water-course shall be constructed in accordance with the specifications and directions given under sub-section (3). (5) No private water-course shall be used for the supply of water from a canal for Irrigation purposes unless it has been constructed in accordance with the specifications and directions given under sub- section (3). 89-C. Occasional supply of water through Private water course.-(1) Any permanent holder or occupier in a wet or irrigable area may apply to the Executive Engineer for supply of water from a canal. (2) If it appears expedient that such supply should be given and that it should be conveyed through an existing private water course the Executive Engineer shall give notice to the owner of the water-course to show cause on a day not more than 14 days from the date of notice why the said supply should not be so conveyed. (3) On the day fixed, the Executive Engineer shall after hearing the Owner if present and making such enquiry, as he thinks fit. Determine whether and on what conditions the said supply should be conveyed through the water-course. (4) Any person aggrieved by the decision of the Executive Engineer under sub-section (3), may, before the expiry of thirty days from such Section-89C,D] M.P. Irrigation Act, 1931 [67 decision. Prefer an appeal to the Superintending Engineer and subject to the result of such appeal, if any, the decision of the Executive Engineer shall be final. (5) Such applicant shall not be entitled to Use the water Course until he has paid the cost of any alteration of the water-course required for making the supply available through It and such charge for use of the water-course as the Executive Engineer may determine. (6) The applicant shall also be liable to maintain the watercourse so long as he uses it. 89-D. Obligation of persons owning or using private watercourse. - (1) Every permanent holder owning or using private water’ course, shall:- (a) Construct and maintain to the satisfaction of the Executive Engineer all works which in the opinion of the Executive Engineer are required for the passage of water or traffic across the aforesaid private water-course existing previous to its construction and of drainage intercepted by such private water-course and for affording proper communication across it for the convenience of the neighboring lands; (b) maintain the water-course in proper repair so long as it is an area under an agreement or in a compulsory assessed area; (c) Allow its use in the manner and to the extent provided by section 89-C. (2) It at any time the Executive Engineer Considers in respect of a water-course referred to In sub-section (1) that the works mentioned in clause (a) of that sub-section have not been constructed or Section-89,90] M.P. Irrigation Act, 1931 [68 maintained or that the water-course Is not In proper repair as required by clause (b) thereof: (a) he may, by a notice served upon the persons liable under sub-section (1) require that the construction or repairs be made to his satisfaction on or before a specified date; and (b) if the construction or repairs are not made to his satisfaction by such date, he may stop the supply of water to the watercourse; or (b) he may cause the construction and repairs to be made and may collect a sum not exceeding twice the cost there of from the permanent holders owning or using the water-course in proportion to the areas held by them In the land which is ordinarily Irrigated through the water course. 89-E. Application of section 89-A to 89-D.- Provisions of sections 89-A, 89-8, 89-C and 89-0 shall in the first instance, apply to the Madhya Pradesh and Vindhya Pradesh regions, and the State Government may; from time to time, by notification extend their application to such other areas as it may deem fit. 90. Compensation for damage.- (1) No. claim for compensation shall lie against any permanent holder for any damage arising from: (a) the stoppage or diminution of the percolation or flow of water; or (b) the deterioration of climate or soil; or (c) the stoppage of navigation, or of the means of drifting timber or watering cattle. Section-90,91] M.P. Irrigation Act, 1931 [69 Provided that compensation shall be payable where, as a result of the construction of a private irrigation work- (i) the rent or revenue of any land has been reduced; or (ii) the supply of water to or from a tank or other constructed work has been diminished. (2) Claims under this section may be enforced by appli-cation made to the Collector within one year from the reduction of the rent or revenue, or from the diminution of the supply. (3) Any person aggrieved by the decision of the Collector under subsection (2) may, within six months from the date of such decision.