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Section 42

The Maharashtra Irrigation Act, 1976State Act of Maharashtra · Act 38 of 1976

(1) Whenever a dispute arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a field-channel, or among joint owners of a fieldchannel, as to their respective shares of the expense of constructing or maintaining such field-channel, or as to the amounts severally contributed by them towards such expense, or as to failure on the part of any owner to contribute his share, a person interested in the matter of such dispute may apply in writing to a Canal Officer duly empowered to receive such application, stating the matter in dispute.

(2) The Canal Officer shall thereupon give notice to the other persons interested that on a day to be named in such, he will proceed to inquire into the said matter.

(3) If all the persons interested consent in writing to his being the arbitrator, the Canal Officer may pass such order thereon as he thinks fit.

Consequences of completion of construction of fieldchannels.

Mode of payment of cost of construction of field channels, etc.

Power of Appropriate Authority to direct preparation of scheme in public interest.

Settlement of disputes as to mutual rights and liabilities of persons interested in fieldchannels.

14 Maharashtra Irrigation Act, 1976 [ 1976 : Mah. XXXVIII

(4) Failing such consent, the Canal Officer shall transfer the matter to the next superior Canal Officer who shall enquire into it and pass such order thereon as he thinks fit.

(5) No order which adversely affects the interests of any party to the dispute shall be made unless such party is given a reasonable opportunity of being heard.

43. Except as otherwise provided in the Bombay Land Improvement Schemes Act, 1942, nothing in this Part shall apply to field-channels constructed in pursuance of the provisions of that Act.

PART V ACQUISITION OF LAND

Where this provision sits

ActThe Maharashtra Irrigation Act, 1976
Section42
JurisdictionState of Maharashtra
StatusIn force as published by the source

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