Section 39 in The Goa, Daman and Diu Agricultural Tenancy Act, 1964
39. Construction of water course through land belonging to other person.
- [(1) If any person (hereinafter called the applicant) desires to construct, or repair or to maintain, as the case may be, water course to take water for purpose of agriculture from a source of water to which he is entitled but such water course is to be constructed or runs through any land which belongs to, or is in possession of, another person (hereinafter called the neighbouring holder) and if no private agreement is arrived at for such construction or repairs or maintenance, as the case may be, between the applicant and the neighbouring holder, the person desiring to construct or repair or maintain the water course may make an application in the prescribed form to the Mamlatdar] [The existing sub-section is substituted by the Goa, Daman & Diu Agricultural Tenancy (Amendment) Act, 1966 (Act No. 10 of 1966 ).].(2)On receipt of the application, if the Mamlatdar, after making an inquiry and after giving to the neighbouring holder and all other persons interested in such land an opportunity of stating any objection to the application, is satisfied that for ensuring the full and efficient use for agriculture of the land belonging to the applicant it is necessary to construct [or to repair or to maintain, as the case be] [Substituted by Amendment Act 10 of 1966] the water course, he may, by order in writing direct the neighbouring owner to permit the applicant to construct the water course on the following conditions:(i)the water course shall be constructed through such land direction and manner as is agreed upon by the parties or failing agreement, as directed by the Mamlatdar so as to cause as little damage to the land through which it is constructed, as may be possible;(ii)where the water course consists of pipes, the pipes shall be laid at a depth not less than one foot and a half from the surface of the land;(iii)where the water course consists of water channel, the channel shall not exceed five feet in breadth;(iv)the applicant shall pay to the neighbouring holder such compensation for any damage caused to such land by reason of the construction of the water course or such annual rent, as the Mamlatdar may decide to be reasonable;(v)the applicant shall maintain the water course in a fit state of repairs;(vi)the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder; and(vii)such other conditions as the Mamlatdar may think fit to impose.(3)An order made under sub-section (2) shall direct how the amount of compensation shall be apportioned among the neighbouring holder and all persons interested in the land.(4)An order made under sub-section (2) shall after the applicant executes an agreement as required under clause (vi) of sub-section (2) be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such works as may be necessary for the construction of the water course and for renewing or repairing the same.(5)The provisions of the foregoing sub-sections and of sections 40 to 42 shall apply mutatis mutandis to the case of a person whose land does not have adequate drainage facilities and who desires to construct a drainage channel through any land which belongs to, or is in the possession of, another person.
