RMIW Act 37Chapter VI · Jurisdiction and Procedure

Section 37 · Compensation for damage caused by the applications or use of water

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(1)

No compensation shall be awarded for any damage caused by:-

(a)

stoppage or diminution of percolation or floods, or

(b)

deterioration of climate or soil, or

(c)

stoppage of navigation or of the means of drifting timber of watering cattle, or

(d)

displacement of labour.

(2)

No right to any of the advantages referred to in clauses (a), (b) an (c) of sub-section (1), shall be acquired as against the State Government under Part IV of the Indian Limitation Act, 1908 or under the Indian Easements Act, 1882, of the Central Legislature as adapted to [the State of Rajasthan] [Substituted by Rajasthan Act

No. 27 of 1957

[13-8-1957].].

(3)

Compensation may be awarded in respect of all or any of the following matters, namely:-

(i)

stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or under-ground, in use at the date of the notification under section 12,

(ii)

stoppage or diminution of supply of water to any work erected for purposes of profit or any channel, whether natural or artificial, in use at the date of the said notification.

(iii)

stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within the five years next before the date of the said notification,

(iv)

damage done in respect of any right to a water course or the use of any water to which any person is entitled under Part IV of the Indian Limitation Act, 1908 or under the Indian Easements Act, 1882, of the Central Legislature., as adapted to [State of Rajasthan] [Substituted by Rajasthan Act

No. 27 of 1957

[13-8-1957].], and

(v)

any other substantial damage, not falling under the provisions of sub-section (1) and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation.

(4)

No right to any such supply of water as is referred to in clause (i) or clause (ii) or clause (iii) of sub-section (3), in respect of a work or channel in use at the date of the notification under section 12, shall be acquired, as against the State Government, except by grant or under Part IV of the Indian Limitation Act, 1908 or under the Indian Easements Act, 1882, of the Central Legislature, as adapted to [the State of Rajasthan] [Substituted by Rajasthan Act

No. 27 of 1957

[13-8-1957]].

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