Chapter 11 CONSTRUCTION AND MAINTENANCE OF

Where a Canal Officer proposes under the provision of sections 5, 6, or 7 to enter into ‘any building of enclosed court or garden attached 'to a dwelling house. not supplied with water from an irrigation work, and not adjacent to a flood embankment, he ehall give to the occupier of such building, court or garden such reasonable prior notice as the urgenCy of the case will allow.

(1) There shall be provided at the cost of the State Government suitable means of crossing canals constructed or maintained at the cost of the State Government at such places as the State Govt. thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands. (2) No suit shall lie in a Civil court against the State Government to enforce the construction of a crossing of a Canal, or to enforce the alterating of a crossing or for compensation for damage arising afrom the absence or inadequacy of any crossing, or to be modified or set aside any scheme frame or ordered passed under this section. Explanation z—Suitable means of crossing Canals include means "for the passage of traffic and of- water.

If the State Government is satisfied that any land for the construction of an irrigation work, excluding water courses, field channels and field drains or for the maintenance, improvement or extension of an existing irrigation Work excluding ‘water courses, field channels and field drains is needed, the State Govt. may acquire the land by following the provisions of the land acquisition Act, 1894 (Act 1 of l894) except to_ the extent specifically stated to the contraryrin this chapter.

(1) Notwithstanding anything to the Contrary in the Land Acquisition Act, 1894 (Act 1 of 1894) the Collector may after holding such enquiry 'as the deems necessary make an estimate of the amount of compensation payablein respect of the land, needed for- purposes specified in section 11 of this Act, for which declaration under section 6 of the aforesaid Act has been made, including compensation for the standing crops, trees and structures, if any, on such land and for any phySicaI damage caused to them, within three months of the declaration. (2) The Collector may take possession of the land after tendering the estimated amount of compensation, as stated in subclausefl), to the person having an interest in the land and the land shall there- vnpon vestabsomtely in the State Government free from all encumbrances. (3) If any person having an interest in the land acquired by the State Government does not agree with the estimated amount of compensation, he may require that the matter be referred by the Collector for determination by the court in accordance With section 18 of the Land Acquisition Act, 1894 (Act I of 1894). (4) In all! other matters. relating to compensation including principles for determining compensation, the provisionof the Land Acquisition Act, 1894 (Act Iof 1894) shall be applicable.

(1) The Diyisional Canal Qtficer shall,_afte;,;g§tting the occu- pation: of the landuttnde-r Su-b-section‘(4) of‘section1’1‘15f“take steps to implement the scheme at the'e'costg?of the State Government. (2) Ahy watch course constructed under sub—sectiofi(1) shall be 311eproper‘t‘y of the State Government. (3) ,Unles's-~ordered by the State GoVernmeht “to the. contrary, anyaextension alteration- or realignment of Water co'hrse at the instance of the owners'or occupiers shall *be done at' the 60st of the owners or occupiers.

(1) Any person desiring that a field channel should be transferred from its present owner to himself may apply in writing to the Canal Officer, stating— (a) that he has endeavoured unsuccessfully to procure such transfer from the owner of such field channel; (b) that he desires the said canal officer, in his behalf and at his cost, to do all things necessary for procuring such transfer; (c) that he is able to defray the cost of such transfer. (2) If the Divisional Canal Officer considers— (a) that the said transfer is necessary for the better management of the irrigation from such field channel, and (b) that the statements in the application are true. The Canal Officer on receipt of such an application, shall call upon the applicant to make such deposit as he considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation that may become due under the provisions of section 27 in respect of such transfer, and upon such deposit being made, he shall publish a notice of the application in every village, and shall send a copy of the notice to the Collector of every district through which such field channel passes.

(1) When a field channel is transferred to the applicant, the following rules and conditions shall be binding on him and his representative in interest, namely: (a) All works necessary for the passage across such field channel, existing previous to its construction and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the neighbouring lands shall be constructed by the applicant, and be maintained by him or his representative-in-interest to the satisfaction of the Divisional Canal Officer. (b) In case in which a field channel is transferred on the terms of a rent charge, the applicant or his representative-in-interest shall so long as he occupies such field channel, pay rent for the same at such rate and on such days as are determined by the Divisional Canal Officer when the applicant is placed in occupation. (c) The Divisional Canal Officer may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation. (2) If any field channel transferred under this Act is disused for three years continuously, the right of the applicant or of his representative in interest, to occupy such field channel shall cease absolutely.

(1) The Board shah, at any time after a month of the publication of the notification under sub-seCtion (5) of Section 32 assess the amount of betterment tax payable by every individual owner ofland, and shall serve anotice on him in writing in the prescribed manner, "”‘S‘pecir’ying the amount of the tax payable by him, the details of calculation, the instalments if any .in which payment may be made, the date or dates on or before which payment of the full amount or of the instalments shall b made, and the authority to whom payment shall be tendered. (2) Any person on whom a notice for payment of betterment tax has been served under sub~seetion (1), may Within one month from the date of service of such notice, file an objection before the Board in respect of the assessment made against him. Provided that the Board shall have discretion to entertain objections even after the expiry of the period of one month if it is satisfied that the failure to file such objections in time was due to causes beyond the control of the objector. (3) After an opportunity has been given to the objector ofbeing' heard in person or through pleader the Board may confirm, modify or cancel_ the assessment made under sub-section (1). (4) Any person aggrieved by the order i55ued by the Board under sub-section (3) may, within two months from the date of such order, appeal to the appropriate Civil Court. (5) If any person on whom a notice has been served under sub-section (1), fails to fiie any objection under sub-section (2), the assessment shall be conclusive and shall not be questioned in any court of law.