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Section 38: Protection of water channels against demolition etc.

The Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010Union territory Act of Jammu and Kashmir · Act 21 of 2010

(1) if a person demolishes, alters, enlarges, obstructs or encroaches upon a water channel or field channel or causes any damage thereto, any person affected thereby may apply to the Assistant Executive Engineer for directing the restoration of the water channel or field channel to its original condition.

(2) The Assistant Executive Engineer may, on his own motion or on the information given by village Patwari, Lambardar or any other person or on receiving an application under sub-section (1), after making such enquiry as he may deem fit, require, by a notice in writing served on the persons found to be responsible for so demolishing, altering, enlarging, obstructing, encroaching or causing damage, to restore at his own cost the water course or field channel to its original condition within such period as may be specified in the notice.

(3) If such person fails to restore, to the satisfaction of the Assistant Executive Engineer, the water channel or field channel to its original condition within the period specified in the notice served on him under sub-section (2), the Assistant Executive Engineer may cause the water channel or field channel to be restored to its original condition and recover the cost incurred on such restoration from the defaulting person.

(4) Any person aggrieved by the order of the Assistant Executive Engineer may prefer an appeal, within thirty days of the passing of such order, to the Executive Engineer, whose decision on such appeal shall be final.

Where this provision sits

ActThe Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010
Section38
Marginal noteProtection of water channels against demolition etc.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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