Restoration of demolished or altered etc. watercourse

(1) If a person demolishes, alters, enlarges or obstructs a watercourse or a temporary watercourse or causes any damage thereto, any person affected thereby may apply to the Sub-Divisional Canal Officer for directing the restoration of the same to its original condition. (2) On receiving an application or otherwise under sub-section (1), the Sub- Divisional Canal Officer may, after making such enquiry as he may deem fit, require, by a notice in writing served on the person found to be responsible for so demolishing, altering, enlarging, obstructing or causing damage to restore, at his own cost, the watercourse or temporary watercourse to its original condition within such period not exceeding fourteen days, as may be specified in the notice. (3) If such person fails to the satisfaction of the Sub-Divisional Canal Officer, to restore the watercourse or temporary watercourse to its original condition within the period specified in the notice served on him under sub-section (2), the Sub-Divisional Canal Officer may cause the watercourse or temporary watercourse to be restored to its original condition and recover the cost incurred in respect of such restoration from the defaulting person. The Sub-Divisional Canal Officer may order recovery of a sum not exceeding Rs. 5,000 from the defaulting person by way of penalty. In case the penalty is not paid, the same shall be recoverable as arrears of land revenue. (4) Any person aggrieved by the order of the Sub-Divisional Canal Officer, may prefer an appeal, within thirty days of the passing of such order before the Divisional Canal Officer, whose decision on such appeal shall be final. (5) Any sum which remains unpaid within a period to be specified for this purpose by the Divisional Canal Officer may be recovered as arrears of land revenue.