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State of Gujarat - Section

Section 26 in The Bombay Irrigation Act, 1879

26. Settlement of disputes as to mutual rights and liabilities of persons interested in [field-channels] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.].

- Whenever a dispute arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.] or among joint owners of a [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.], as to their respective shares of the expense of constructing or maintaining such [field-channel] [These words were substituted for the words 'water-courses' by Gujarat 6 of 1984, section 3.] or as to the amounts severally contributed by them towards such expense, or as to failure on the part of any owner to contribute his share, any person interested in the matter of such dispute may apply, in writing, to any Canal-officer duly empowered to receive such applications, stating the matter in dispute.Such officer shall thereupon give notice to the other persons interested that on a day to be named in such notice, he will proceed to inquire into the said matter;and if all the persons interested consent, in writing to his being arbitrator, he may pass his order thereon:failing such consent, he shall transfer the matter to the Collector, who shall inquire into and pass his order thereon.Any order passed by the Collector under this section shall remain in force until set aside by a decree of a Civil Court.