(1) Whenever it appears expedient to the State Government that the water of any river or stream flowing in a natural channel, or of any lake or other natural collection or still water, should be applied or used by the State Government for the purposes of any existing or projected canal or drainage work, the State Government may, by notification, declare that the said water will be so applied or used after a day to be named in the said notification, not being a day earlier than three months from the date of such notification.
(2) As soon as it is practicable after the issue of aforesaid notification, the collector shall cause public notice to be given in the manner prescribed, stating that the State Government intends to apply or use the said water.
Power to appoint officers.
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(3) The persons affected by such notification shall be entitled to lodge claims for compensation in respect of matters mentioned in Section 7 before the Collector.
5. The State Government may, by notification, prohibit installation of any tubewell other than a State tubewell within a distance of, ----
(a) not exceeding 150 metres from a State tubewell;
(b) not exceeding 100 metres from any unlined irrigation channel other than a minor and a water course;
(c) not exceeding 25 metres from any minor.
Explanation - For the purposes of this section minor means an irrigation channel the capacity of which does not exceed forty cusecs.
6. At any time after the day so named, any canal officer, acting under the orders of the State Government, may enter on any land and remove any obstruction, close any channel, demolish any tubewell and do any other thing necessary for the application or use of the said water.
7. No compensation shall be awarded for any damage caused by----
(a) Stoppage or diminution of percolation of water or floods;
(b) Deterioration of climate or soil;
(c) Stoppage of navigation, or of the means of drifting timber or watering cattle;
(d) Displacement of labour.
But compensation may be awarded in respect of any of the following matters:-
(e) stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or underground, in use at the date of the said notification;
Power to prohibit installation of tubewells Power of canal officer.
Compensation for damages.
6. CANAL AND DRAINAGE 1974: Haryana Act 29
(f) stoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification;
(g) stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within five years next before the date of the said notification;
(h) damage done in respect of any right to a water course of the use of any water to which any person is entitled under the Limitation Act, 1963, Part IV;
(i) any other substantial damage, not falling under any of the above clauses (a), (b), (c) or (d), and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation.
In determining the amount of such compensation, regard shall be had to the diminution in the market value at the time of awarding compensation, of the property in respect of which compensation is claimed;
and, where such market value is not ascertainable, the amount shall be recokoned at twelve times the amount of the diminution of the annual net profits of such property caused by the exercise of the powers conferred by this Act.
8. No claim for compensation for any such stoppage, diminution or damage shall be made after the expiration of one year from such stoppage, diminution or damage unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.
9. The Collector shall proceed to enquire in to any such claim, and to determine the amount of compensation, if any, which should be given to the claimant. Sections 9 to 14,18 to 22, 25, 27 29 to 31, 45 and 51 to 55 of the Land Acquisition Act, 1894, shall apply to such inquiries.
Limitation for claims.
Enquiry into claims and amount of compensation.
1974: Haryana Act 29 CANAL AND DRAINAGE 7.