28. Application for permission to use water from an irrigation work.
(1)Any person desiring to have a supply of water from an irrigation work for irrigating a land [ x x x x] [Omitted by Act 12 of 1969 w.e.f. 19.6.1969.] not included in any area to which supply of water is regulated under section 27, shall make a written application to that effect to the Irrigation Officer. Subject to any general or special order made by the State Government determining the extent of lands for which water can be made available from such irrigation work, such officer may, if in his opinion such supply can be made without detriment to the supply of water to lands [ x x x] [Omitted by Act 12 of 1969 w.e.f. 19.6.1969.] included in any area to which supply of water is regulated under section 27, order the supply of water and for such period not exceeding six years subject to such conditions as may be specified in such order.(2)If after a period of six successive years of supply of water made to any land referred to in sub-section (1), the holder of such land applies for the supply of water being made permanent, such application, with the opinion of the Irrigation Officer, shall be forwarded to the Deputy Commissioner of the district. The Deputy Commissioner of the district shall then take steps in accordance with law [ x x x] [Omitted by Act 12 of 1969 w.e.f. 19.6.1969.] to include the land in the area to which supply of water is regulated by section 27.(3)The water rate [ or water charges, as the case may be] [Inserted by Act 24 of 2000 w.e.f. 14.6.2000.] leviable for the use of water for temporary cultivation under sub-sections (1) and (2) shall be twice the water rate [ or water charges, as the case may be] [Inserted by Act 24 of 2000 w.e.f. 14.6.2000.][ x x x] [Omitted by Act 12 of 1969 w.e.f. 19.6.1969.].(4)With the sanction of, and subject to such conditions, payments, and restrictions, as may be imposed by the State Government or such officer as may be authorised by the State Government in this behalf, the Irrigation Officer, may, without detriment to the supply of water to lands [ x x x] [Omitted by Act 12 of 1969 w.e.f. 19.6.1969.] included in any area to which supply of water is regulated under section 27, give permission for water to be taken from an irrigation work, for purposes other than those of agriculture.(5)If any person uses water from an irrigation work without obtaining the permission required under this section, he shall in addition to any penalty he incurs under this Act for such unauthorised use of water be liable to pay water rate [ or as the case may be, water charges] [Inserted by Act 24 of 2000 w.e.f. 14.6.2000.] at such rate as may be determined by the prescribed officer not being less than ten times and not exceeding thirty times the rate [or the water charges, as the case may be] [Inserted by Act 24 of 2000 w.e.f. 14.6.2000.] he would otherwise have been required to pay, had he applied for and obtained the permission.
