4. Decision of State Government for application of water of any river or natural stream for public purposes.
(1)Whenever it appears expedient to the State Government that the water of any river or stream flowing in a natural channel, or of any lake or other natural collection of still water or sub-soil water, should be applied or used by the Government for the purpose of any existing or projected Lift Irrigation Work, the State Government shall cause to be published in the prescribed manner its intention to declare that the said water will be so applied or used and a notice specifying-(a)a period which shall not less than thirty days from the date of such publication, during which any person whose interests are likely to be affected by the proposed declaration, may present in writing to the Collector any petition of objection to such declaration; and(b)a day which shall not be less than fifteen days after the expiration of the period mentioned in clause (a) on which the Collector shall hear any petition of objection received during the period mentioned in clause (a).(2)Every petition of objection filed under clause (a) sub-section (1) shall be accompanied by the prescribed fee, and any such petition not accompanied by the prescribed fee, shall be summarily rejected.(3)The Collector shall, on the day appointed for the hearing of objections or on any subsequent day to which the hearing may be adjourned, hear the objections, if any, filed within the period prescribed under clause (b) of sub-section (1) and hold such further inquiry as he thinks fit.(4)After holding the inquiry referred to in sub-section (3) the Collector shall forward a report on the objections raised with his own recommendations to the State Government.(5)After considering the report and recommendations of the Collector submitted under sub-section (4), the State Government may, by Notification in the Official Gazette, direct that the said water will be so applied or used after a date to be specified in the notification:Provided that if any person has been enjoying, by virtue of any prescriptive right, the supply of water from such river, stream, lake or other natural collection of still water for any agricultural, industrial or domestic purposes, immediately before the date specified in the notification, such person shall, if he does not make any claim for compensation under Section 6, be entitled to such supply on the same terms as before.
