57. Apportionment and recovery of the cost of land acquired or works executed.
(1)When any land is acquired under the provisions of section 44, or when any work is executed by under the orders of the Collector under the provisions of section 50, section 52, section 53 or section 54, the cost of acquiring such land or of executing such work, as the case may be, shall be recoverable -(a)if the canal is included under Schedule II - from the owner thereof; or(b)if the canal is included under Schedule I, - from the irrigators or such of them as are, in the opinion of the Collector, benefited or likely to be benefited by the acquisition or equitably liable for the whole or any part of the cost of executing the work or from the proceeds of any water-rate levied under section 29; and(c)if such appropriation is not contrary to the provisions of the record-of-rights specified in section 28 of this Act, - from the fund referred to in section 27 of this Act.(2)When the cost of acquiring any land or of executing any work is, under the provisions of sub-section (1), recoverable from the owner of any canal or from the irrigators therefrom, or any of them, it shall be lawful for the Collector to apportion such cost as to him may seem equitable, among all or any of the persons liable for the whole or any portion thereof and such apportionment shall be final.(3)When the cost of acquiring such land has been paid, such land, if acquired in full proprietary right, shall become the property of the canal- owner.
