(1) In every case of entry upon any land or building under section 12, section 13, section 14 or section 15 or section 22 or section 36, the Canal Officer or person making the entry shall ascertain and record the extent of the damage, if any, caused by the entry, or in the execution of any work, to any crop, tree, building or other property.
(2) Within one month from the date of such entry referred to in sub-section (1), compensation shall be tendered by a Canal Officer duly empowered in this behalf to the holder or owner of the property damaged.
(3) If such tender is not accepted, the Canal Officer shall forthwith refer the matter to the Collector for the purpose of making inquiry as to the amount of compensation and deciding the same.
Compensation in cases of ascertainable substantial damage.
Limitation of claims.
Compensation for damage caused by entry on land, etc.
1976 : Mah. XXXVIII ] Maharashtra Irrigation Act, 1976 29
78. If the supply of water to any land irrigated from the canal is interrupted otherwise than in the manner described in clause (d) of the proviso to sub-section (1) of section 75, the holder of such land may present a petition for compensation to the Collector, for any loss arising from such interruption, and the Colllector, after consulting the Canal Officer, shall award to the petitioner reasonable compensation for such loss.
79. The decision of the Collector under either of the last two preceding sections as to the amount of compensation to be awarded shall, subject to an appeal which may provided by rules made under section 114, be conclusive. Where any such appeal is provided, then the decision of the Appellate Authority shall also be conclusive.
Formal adjudications
80. As soon as practicable after the issue of a notification under section 11, the Collector shall cause public notice to be given at convenient places, stating that the Appropriate Auhtority intends to apply or use the water referred to in that section, that the claims for compensation may be made before him.
A copy of sections 75 and 76 shall be annexed to every such notice.
81. All claims for compensation under this Act, other than claims of the nature provided for in section 77 and section 78 shall be made before the Collector of the district in which such claim arises.
82. The Collector shall inquire into every such claim and determine the amount of compensation, if any, which should in his opinion be given to the claimant ; and sections 11, 12, 12A, 13, 14, 15, 15A, 18 to 31, 45 and 52 of the Land Acquisition Act, 1894 shall apply to such inquiries.