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Section 69

The Manipur Irrigation Act, 1978State Act of Manipur · Act 3 of 1978

(1) Unless otherwise provided, all claims for compensationunder this Act other than claims of the nature provided for insection 63- shall be made to the Divisional Canal Oificer concerned.

(2) The Divisional Canal Oflicer shall enquire into all Suchclaims and determine the amount of compensation, ii‘ any, Whichshould be awarded. In determining such amount, the DivisionalCanal Officer shall be guided by the provisions of the Sections 23and 24 of the Land Acquisitign Act, 1894.

| Provided that regai‘d shail be had to the diminfition 1’11 the hartetva1ue, at the time of awarding compensation, of the prOperty in résPectof which compensatiqnis claimed; and where Such market value isnot ascertainable the amount of the diminution of the annual net pro~vgts oistich property caused by the eXercise of the powers conferred bv. .13 c ;

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Provided further that no order determining the amount of compen-s—ation shall be made by the Divisional Canal Officer under this section-.,W1thout the preV1ous approval of the Superintending Canal Oflicer.

70. Any person aggrieved by the order of the Superintending Canal'Officer 01' the Divisional Canal Oificer under' Section 68, or- of theDivisional Canal Officer under §ection 69, may prefer within 90 daysfrom the date of communication of the order, appeal to the prescribed_ authority.

31 7|. All sums of money payable for compensation awarded under Paymentof thin Chapter shall become due three months after the final award is c?mpené‘a‘. . . p . tlon & mte—nmde, 4nd smple mterest o; the rate as may be prescrlbed but not restthereofi less than five percentum per annum shall be allowed on any such sum renmining unpaid after the said three months, except When the nonpayment of such sum is caused by the neglect or refusal of the claimant to apply for or recelved the‘same.

CHAPTER X SETTLEMENT OF DISPUTES Inquiry into72. (l) The Canal Officer, may if he considers necessary pass an -. . . . disputes form‘tlcras to the use or dxstnbutlon of water from a water course or use cf dis_ Held channel amongst personsm any land or agreup oflands or in tribution of :1 .1y holdings or groups of holdlngs in such land or lands. water-

Provided that no such order shall be passed by the Canal Oflicer without making any inquiry intothe matter and without giving notice to all the persons interested that or. a day to be named in such notice, he elmll proceed to inquire .into the said matter.

(2) Whenever a difl'erence arises between two or more persons to regard to their mutual rights or liabilities in respect of the use [or maintenance of a water course or field channel or field drain Any such person may apply in writing to the Canal Officer stating the matter in dispute.

(3) On receipt of the applficatjon under sub—sectiou (2), the (”anal Officer shall give notice to' the other persons interested, and .(m a day to be named in such notice, he shall proceed to enquire rinto such matter and after the enquiry, he shall try to bring about u comprom'se, between the parties. '

(4) On the failure of the Canal Officer to hring about compromise, he shall pass an interim order as regards the use of u‘mintcnnnca of a water course of field channel or fielddrain pending the disposal of the disputes and he shall forward the dispute to the Divisional Canal OfliCer along with his findings and the Divisional (‘zmnl ()tlicer shall pass an order thereon after giving a hearing to the pnrtics.

(3') The §uperintending Canal Officer, within whose jurisdi tion the water course or field channel or field drain. issituated, may, on Na own motion or on an application» made in this behalf by m aggrieved person, revise an order passed by a Divisional Canal (Jllicer under sub-section (4): '

Provided that no such application shall lie unless it is made within :1 period of thirty days from the date of such order.

(6) No order passed under this Section shall be liable to be called in question in any civil court.

Prohibition of interference and obstruction &Irrigation work.

Removal of encroacher.

Maintenance of tank, pond, well, etc. above reservoir.

Praiubitien of operation of mining or quarry.

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CHAPTER XI SAFETY OF IRRIGATiON WORK

73.‘ Except as may be prescribed, no person other than theCanal Officer shall—

(a) interfere with or encroach upon an irrigation work; or

(b) construct any earthen or masonary bund or weir on anychannel or stream, flowing above or below any irrigationwork.

74. The Canal Officer may issue an order to the person con-cerned interfering or encroaching upon any irrigation work to removethe same within a time to be fixed in the order; and if the personconcerned does not Comply with the order, the Canal Officer mayremove the encroachment and take such either action as may benecessary and recover the expenses thereof from the person concerned.

Provided that the Canal Oflicer, may, in case of an emergencyremove the encroachment or take the necessary action beforeissuingthe order, and recover the expenses thereof from the person-concerned.

Where this provision sits

ActThe Manipur Irrigation Act, 1978
Section69
JurisdictionState of Manipur
StatusIn force as published by the source

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