(1)No claim for compensation shall lie against the Government for any damage arising from-(a)the stoppage or diminution of the percolation or flow of water;(b)the deterioration of climate or soil; or(c)the stoppage of navigation, or of the means of drifting timber or water cattle :Provided that compensation shall be payable where, as a result of the construction of a canal :(i)the rent or revenue of any land has been reduced, or(ii)the supply of water to or from a tank or other constructed work has been diminished.[(1-A) In determining the amount of such compensation, regard shall be had to the diminution in the market value* at the time of awarding compensation of the property is respect of which compensation is claimed and where such market value is not ascertainable the amount shall be reckoned at fifteen times the amount of diminution of the annual net profits of such property, caused by the powers conferred by this Act.] [Substituted by A.O. 1957.](2)Claims under this section may be enforced by application made to the Collector within one year from the reduction of the rent or revenue, or the diminution of the supply.(3)Any person aggrieved by the decision of the Collector under sub-section (2) may, within six months from the date of such decision, institute a suit in a Civil Court to have such decision set-aside or modified.
