Section 39(2) in The Goa, Daman and Diu Agricultural Tenancy Act, 1964
(2)On receipt of the application, if the Mamlatdar, after making an inquiry and after giving to the neighbouring holder and all other persons interested in such 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 [or to repair or to maintain, as the case be] [Substituted by Amendment Act 10 of 1966] the water course, he may, by order in writing direct the neighbouring owner to permit the applicant to construct the water course on the following conditions:(i)the water course shall be constructed through such land direction and manner as is agreed upon by the parties or failing agreement, as directed by the Mamlatdar so as to cause as little damage to the land through which it is constructed, as may be possible;(ii)where the water course consists of pipes, the pipes shall be laid at a depth not less than one foot and a half from the surface of the land;(iii)where the water course consists of water channel, the channel shall not exceed five feet in breadth;(iv)the applicant shall pay to the neighbouring holder such compensation for any damage caused to such land by reason of the construction of the water course or such annual rent, as the Mamlatdar 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; and(vii)such other conditions as the Mamlatdar may think fit to impose.
