Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

Bombay Presidency - Section

Section 8 in The Bombay Canal Rules, 1934

8. Applications may be rejected or complied with wholly or in part - Manner of sanction : Approval.

(1)The Executive Engineer may reject the application for a supply of water or sanction the supply applied for wholly or in part or with modifications.
(2)Subject to such orders as the State Government may from time to time issue, the Executive Engineer may refuse to sanction a supply of water for irrigation to any land under any of the forms prescribed in sub-rule (3) of rule 4 if such irrigation would, in his opinion lead to excessive or wasteful use of water, or cause, or contribute to cause, damage or injury to such land or any other land, or cause loss or injury to the cultivator of any other land, or be likely to produce conditions dangerous to public health.
(3)The Executive Engineer may refuse to sanction a supply of water for the cultivation of sugarcane to any land within a distance of [10] [Substituted by G. N. of 14.10.1959.] feet from the boundary of any road, cart-track, open drain or well, if such supply would, in his opinion interfere with the use of, or cause damage to such road, cart-track, drain or well.
(4)The order passed under sub-rule (1), (2) or (3) shall be recorded on the application; the duplicate form of the application shall be endorsed with a copy of the order and delivered or despatched, as the case may be, to the applicant. If any supply is sanctioned the counterfoil attached to the original application shall be sent to the Talati or Patil of the village in which the land is situated.
(5)If the supply sanctioned is different from that applied for, the applicant may either withdraw his application, in which case the sanction given shall be cancelled or make a further application for a modification of the sanction. Such further application if sanctioned, shall not be deemed to be an application made after the prescribed date.
(6)If an applicant is in arrears of water rates which became due before the date of the application, the application may be summarily rejected or sanction may be given provisionally subject to the condition that such arrears are paid before a specified date prior to the commencement of supply.
(7)Sanction may be given provisionally subject to the conditions that all amounts which have become due on account of water rates before the commencement of supply shall be paid before such commencement of supply and that if such amounts are not paid the sanction shall be liable to cancellation.
(8)If the Executive Engineer has reason to doubt the authenticity of any signature or endorsement, or the truth or accuracy of any of the information furnished in an application, he may postpone the passing of orders until he has made such inquiries as he deems necessary in order to ascertain the facts. In such case, he shall record in writing his reason for postponing the passing of orders.