(1) No claim other than by way of remission of water rates shall lie against the State Government in respect of loss causes by the failure or stoppage of water of an irrigation work by reason of any cause beyond the control of the State Government or of any repair, alteration or addition to the irrigation work, or of any measures taken for regulating the proper flow of water therein, or for maintaining the established course of irrigation which is considered necessary.
(2) Claims on account of interruption from other causes. If the supply of water to any land irrigation from an irrigated work be interrupted otherwise than in the manner specified in the preceding Sub-section, the Collection may on application allow such remission as may be considered reasonable and his decision in this regard shall be final.
NOTES Sub-section (1) as apparent from the provisions contained therein does not purport to bar the Jurisdiction of the Civil Court in respect of suits for damages field on account of any tortious action. It only lays down that in the event of any loss caused by the failure or stoppage of water of an irrigation work, the affected party is to claim a remission of water rates. Sub-section (2) provides as to how such claims for remission of water rates can be made before the Collector State v. pranabandhu. 85 (1998) CLT 553 : AIR 1998 ORISSA 156.