Section 93 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
93. Construction of water course through land belonging to other person.
(1)If any person (hereinafter called the applicant) desires to construct a water course to take water for the purpose of agriculture from a source of water to which he is entitled, but such water course is to be constructed 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 between the applicant and the neighbouring holder, the person desiring to construct the water course may make an application in the prescribed form to the [Mamlatdar.] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.]Explanation. - For the purposes of this Chapter the neighbouring holder shall include the person to whom the land belongs and all persons holding through or under him.(2)On receipt of the application, if the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.], after making an inquiry and after giving to the neighbouring holder and all other persons interested in the 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 the water course, he may by order in writing direct the neighbouring holder to permit the applicant to construct the water course on the following conditions :-(i)the water course shall be constructed through such land in such direction and manner as is agreed upon by the parties, or failing agreement, as directed by the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule Ill, Clause 1.] so as to cause as little damage to the land through which it is construed, as may be possible;(ii)where the water course consists of pipes, the pipes shall be laid at a depth not less than one and a half feet from the surface of the land;(iii)where the water course consists of a water channel, the channel shall not exceed five feet in breadth.(iv)the applicant shall pay to the neighbouring holder-(a)such compensation for any damage caused to such land by reason of the construction of the water course injuriously affecting such land;(b)such annual rent as the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] 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;(vii)such other conditions as the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] 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)Any 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 work as may be necessary for the construction of the water course and for renewing or repairing the same.
