(1) The State Government shall have the power to construct any water-channel, tank or reservoir, or install any pumping machine or lay out any pipeline in, upon or through the land belonging to or held by any person, but it shall not thereby be deemed to have acquired any right in such land other than the right of user for the said purposes.
(2) In exercise of the powers under sub-section (1), the State Government shall cause as little damage to the land as possible, and where during the course of any activity referred to in that sub-section, the whole or part of the land is rendered unfit for the purpose for which it was being used immediately before the commencement of such activity, the persons interested in the land shall be entitled to compensation in accordance with the provisions of the Land Acquisition, Act, 1894 :
Provided that no compensation shall be payable in respect of mere laying out for passage of any pipeline in or through the land belonging to any person where such pipeline is laid not less than two feet below the surface of the land :
Provided further that nothing in this sub-section shall be construed to prevent any activity referred to in sub-section (1) being started or continued until payment of compensation under this sub-section.
(3) The amount of compensation referred to in sub-section (2) shall, be determined by the Sub-Divisional Officer.
(4) Any party aggrieved by the order of the Sub-Divisional Officer determining compensation under sub-section (3) may, with in thirty days of the date of such order, prefer an anneal to the District judge and the District Judge may either dispose of it himself or assign it for disposal to any Additional District Judge under his administrative control and may recall it from any such officer, or transfer it to any such officer, and the order passed on such appeal shall be final.
(5) Notwithstanding anything contained in sub-section (4), the compensation determined under sub-section (3) by the Sub-Divisional Officer shall be paid as soon as may be without waiting for the result for such appeal.
76 [The Kumaun and Garhwal Water (Collection, Retention and Distribution) Act, 1975] [Section 6-10] Restrictions on construction etc.
6. No person not being a Jal Sansthan constituted under the Uttar Pradesh Water Supply and Sewerage Ordinance, 1975, shall construct or cause to be constructed any water channel, tank, reservoir or water-mill, or install or cause to be installed any pumping machine, or lay out or cause to be laid out any pipe line, intended for taking the supply of water from any water sources, without prior permission in writing of the Sub-Divisional Officer.
Prohibition of against cutting trees etc. in catchment area
7. No person not being a Jal Sansthan constituted under the Uttar Pradesh Water Supply and Sewerage Ordinance, 1975, shall cut any tree, bushes, shrubs, or burn dried grass in any protected area without prior permission in writing of the Sub-Divisional Officer :
Provided that in respect of any nap land comprised in or protected area, this section shall have effect as if references to bushes and shrubs were omitted.
Grant of permission