(1) If the Collector or other person appointed to make the inquiry, after considering any objection or suggestion duly submitted and taking such evidence as he thinks necessary, finds that the owners of at least one-half of the land likely to be affected by the construction or maintenance of the work consent, or are deemed to consent, to such construction or maintenance, he shall embody his proceedings in a report to be submitted to the [State Government]1 and shall in such report make proposals as to the manner in which the [State Government] 1 is to be compensated or to recoup itself for any expenditure, whether capital or recurring, incurred by it.
1. Subs. by the A. O.1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
177 [The United Provinces Minor Irrigation Works Act, 1920] [Section 7-10]
(2) If the owners of more than one-half of the land, affected or likely to be affected are opposed to the construction or maintenance of the work, a report to this effect only shall be submitted to the [State Government] 1 .
Notification by the State Government directing draft scheme to be prepared
7. Upon receipt of the report referred to in sub-section (1) of the preceding section the [State Government] 1 may, after such further inquiry, if any, as it thinks fit, publish a notification in the [Official Gazette] 2 , directing the preparation of a draft scheme of construction or maintenance, or of both.
Powers of officer preparing draft scheme
8. Upon such publication, any officer empowered by the [State Government] 1 in this behalf by general or special order may enter, or depute any other person to enter upon, any lands within the area specified in section 3, or on any lands adjacent thereto, for the purpose of doing any act necessary in his opinion for the preparation of the draft scheme, provided that reasonable notice shall be given before entry is made into any building or any enclosed court or garden attached to a dwelling house.
Compensation for damage caused by entry under section 8
9. In case of entry under section 8, the officer empowered under that section shall, at the time of such entry, tender compensation for any damage which may be occasioned by any proceeding under that section and in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the Collector, and such decision shall be final.
Draft Scheme Act I of 1894