(1) No claim for com-pensation shall lie against the Government for any damage arising from
(a) The stoppage or diminution of the percolation or flow of water; or Section-30] M.P.IrrigationAct,1931 [14
(b) The deterioration of climate or soil; or
(c) The stoppage of navigation, or of the means of drifting timber or watering cattle; Provided that compensation shall be payable where, as a result of the construction of a canal
(i) The rent or revenue of any land has been reduced, or
(ii) The supply of water to or from a tank or other con structed work has been diminished.
1 [ (1-A) 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 reckoned at fifteen times the amount of diminution of the annual, net profits of such property, caused by the powers conferred by this Act.
(2) Claims under this section may be enforced by application made to the Collector within one year from the reduction of the rent or revenue, or the diminution of the supply. (3) Any person aggrieved by the decision of the Collector under sub-section (2) may, within six months from the date of such decision, Institute a suit in a Civil court to have such decision set aside or modified.
1. Inserted vide M.P. Extension of laws Act) 1958 (No. 23 of 19 Section-27-30] M.P.IrrigationAct,1931 [13 Chapter III Rights in water
27. Bar accrual of rights in water to the deteriment of a projected canal. - When the state Government proposes to construct a canal it shall publish a notification declaring its intention and indicating the site of the head-works and thereupon no right shall be acquired against the Government under section 15 Or section 16 of the Indian Easements Act, 1882 (No.5 of 1882), in the water of any river, natural stream or drainage channel, lake or other natural collection of water, any of whose waters will supply the canal when constructed.
28. Bar of accrual of rights in water to the detriment of au existing canal.- No rights shall be acquired against the Government under section 15 or Section 16 of the Indian Ease ments Act, 1882 (No.5 of 1882). In the water of any river, natural stream or natural drainage channel, lake or other natural collection of water, any of whose waters supply a canal existing or under construction at the commencement of this Act.
29. Rights to supply of water from a canal. - No rights shall be acquired against the Government, whether under section 15 or section 16 of the Indian Easements Act, 1882, or otherwise, to the supply of water from a canal, save In accordance with the provisions of this Act or under a grant from the Government.
30. Compensation for damage.- (1) No claim for com-pensation shall lie against the Government for any damage arising from
(a) The stoppage or diminution of the percolation or flow of water; or Section-30] M.P.IrrigationAct,1931 [14
(b) The deterioration of climate or soil; or
(c) The stoppage of navigation, or of the means of drifting timber or watering cattle; Provided that compensation shall be payable where, as a result of the construction of a canal
(i) The rent or revenue of any land has been reduced, or
(ii) The supply of water to or from a tank or other con structed work has been diminished.
1 [ (1-A) 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 reckoned at fifteen times the amount of diminution of the annual, net profits of such property, caused by the powers conferred by this Act.
(2) Claims under this section may be enforced by application made to the Collector within one year from the reduction of the rent or revenue, or the diminution of the supply. (3) Any person aggrieved by the decision of the Collector under sub-section (2) may, within six months from the date of such decision, Institute a suit in a Civil court to have such decision set aside or modified.
1. Inserted vide M.P. Extension of laws Act) 1958 (No. 23 of 19 Section-31] M.P.IrrigationAct,1931 [15 Chapter IV Construction and maintenance of Canals