(1) Bandhas, aharas, tanks and other water reservoirs or channels, which are used either for the purposes of protection from flood or for irrigation, bathing, washing or drinking, shall not be settled for or converted to any other purpose without the consent of the raiyats and the village headman or mulraiyat, or the landlord inkhas village, and the approval of the Deputy Commissioner. No one shall bring under cultivation any such water reservoir or channel.
(2) No proprietor or landlord shall be entitled to levy any charge for the use of water reservoirs and channels mentioned in sub-section (1) for irrigation, bathing, washing or drinking purposes.
COMMENTS Section 35- conversion of tank into cultivated land- Affected raiyats or State may initiate legal action against petitioners. {Ansar Ali v.State of Bihar,1996
(1) BLJ 751 : 1996 (2) PLJR 656 (Pat)}.
Section 35,59(1) and 20- Water reservations not to be converted to any other purpose be brought under cultivation. – Section 35 puts two embargoes viz., (a) no settlement shaal be made in respect of bandhsaharas, tanks and other water reservoirs or channel and the same cannot be converted to any other purposes without the consent of the raiyats and the village headman or mulraiyat of the landlord in khas village and the approval of the Deputy Commissioner; and (b) such water reservoir or channel cannot be brought under cultivatioin by any person. [Ansar Ali v. State of Bihar, 1996
(1) B L J 751 : 1996 (2) P L J R 656(Pat)].