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State of Gujarat - Section

Section 20A in The Bombay Irrigation Act, 1879

20A. [Scheme for construction of [field-channels] [The heading and sections 20A to 20F were inserted by Gujarat 6 of 1963, section 3.].

(1)If in respect of any area in which lands are capable of being irrigated from a canal, the Canal-officer specially empowered in this behalf by the State Government (hereinafter referred to as "the authorised Canal-officer") is of the opinion that in the absence of [field-channels] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.], the irrigation of such lands has not been possible or suffered or is likely to suffer and that in the public interest it is necessary to frame a scheme providing for the construction of [field-channels] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.] in such area, he shall prepare a draft scheme for such area.
(2)Such draft scheme shall contain the following particulars, namely:-
(i)the object of the scheme;
(ii)the area to which the scheme is applicable;
(iii)the proposed [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.] and the most suitable alignment thereof;
(iv)the [***] [The word 'Approximate' was deleted by Gujarat 27 of 1973, section 3(l)(i)] area which is likely to be needed for construction of the proposed [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.] and the plan indicating such area;
(v)survey numbers and acreage of each of the lands to be benefited by the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.] and the names of the holders thereof;
(vi)period within which each holder of the land mentioned in item (v) should construct either by himself or jointly with other holders [the [field-channel] [These words were substituted for the words' a water course', by Gujarat 6 of 1984, section 3 (l)(ii).] for the carriage of the water from the canal to his land;
(vii)approximate cost of the acquisition of land, if any, to be occupied by the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.];
(viii)approximate cost of the construction of the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.], (including the cost of the acquisition of the land, if any,) in case the holders of land fail to come forward to construct the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.];
(ix)the extent of the liability of each holder of land to construct the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.], and in the event of the holder not intimating under clause (d) of sub-section (5) that he is willing to construct the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.] himself for jointly with others or intimating that he is not willing to do so, the extent of the liability of such holder of land to pay the cost of the construction of the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.];
(x)such other particulars as may be prescribed by rules.
(3)The authorised Canal-officer shall also mark out the land which it will be necessary to occupy for the construction of the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.].
(4)The authorised Canal-officer shall publish the draft scheme [*] [The words 'in the Official Gazette and shall also simultaneously publish it' were deleted, by Gujarat 6 of 1984, section 3(2)(i).] in the prescribed manner in every village, through which the [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.] is proposed to be taken alongwith a notice calling upon all holders of land and other persons affected by the scheme to submit to him in writing their suggestions or objections, if any, within a period of thirty days from the date of the publication of the draft scheme [] [The words 'in the Official Gazette' were deleted, by Gujarat 6 of 1984, sections 3(2) (ii).].
(5)As soon as may be after the expiry of the period of notice under sub-section (4), the authorised Canal-officer shall, after considering the suggestions and objections, if any, received under sub-section (4).
(a)sanction the draft scheme with or without modifications,
(b)publish the sanctioned scheme [in such manner] [These words were substituted for the words 'by notification in the Official Gazette and in such other manner' and the word 'and' was deleted, by Gujarat 6 of 1984, section 3(3)(i).] as may be prescribed by rules [***] [The word 'spproximate' was deleted by Gujarat 27 of 1973, section 3(l)(i)].
(c)send [a copy of the sanctioned scheme so published to the Collector, and] [These words were substituted for the words 'a copy of the notification so published to the Collector', Gujarat 27 of 1973, section 3(3)(ii).]
(d)[ issue notice in the prescribed form and manner to each holder of the land mentioned in the sanctioned scheme, requiring the holder to intimate the Canal-officer in writing, within one week from the receipt of the notice his willingness to construct by himself for jointly with other holders the [field-channel] [This clause was inserted, Gujarat 27 of 1973, section 3 (3)(iii).] for the carriage of water from the canal to his land.]
(6)The scheme sanctioned under sub-section (5) shall be called the final scheme and shall be binding on all holders of land mentioned therein and all other persons affected thereby.
(7)Land needed for the purpose of a scheme so sanctioned shall be deemed to be needed for a public purpose within the meaning of the Land Acquisition Act.