(1) Any owner of land desiring the construction, extension, improvement, or alteration of a water-course 10 may apply in writing to the Irrigation Officer, and the said Officer may, after giving such notice and causing such enquiries as may be prescribed either permit the applicant to construct, extend, improve or alter the said water-course or, if the applicant so desires, have it constructed, extended improved or altered through Government agency on such terms and conditions to be fixed by the Irrigation Officer as regards payment of costs, mode of execution, time of completion, facilities to be afforded by the applicant to safeguard other interests or to benefit other lands whose owners may apply for the same, and other matters as may be relevant in each case or may reject the application.
(2) Any person aggrieved by an order under Sub-section (1) may within thirty days from the date of intimation of the order, appeal to the Collector and his decision thereon shall be final.
(3) if it is necessary to acquire any land for the purpose of Sub-section
(1) the Collector may on application for the said purpose proceed to acquire the same under the provisions of the Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Orissa Act 18 of 1948) or any other law for the acquisition of land for the time being in force.
NOTES Secs. 12, 29, 47– Orissa Irrigation Rules 46,47,54,57 and 59 Limitation and procedure for appeal, indicated- 1995 (I) OLR (NOC) 22; 80(1995) CLT 18,
13. No alteration of water-course except with the consent of Irrigation Officer- No water-course construct, extended, improved or altered under the provisions of 12 shall be altered without the consent of the Irrigation Officer.