76A. Grant of permission to permanent holder to construct dam, etc., in any river, natural stream, etc.
(1)Any permanent holder desiring to construct a dam or any other work of a similar nature in any river, natural stream, natural drainage channel, lake or other natural collection of water as part of a private irrigation work or a grant-in-aid irrigation work, may apply in writing in the prescribed form to the State Government through the Collector tor permission to construct such dam or work.(2)If, after making such inquiry as the Collector thinks tit, he is satisfied that the application is in order, he shall cause public notice of such application to be given at convenient places in the village and to be published in such newspapers as he considers necessary.(3)Such notice shall state the prescribed particulars and shall require all persons having interest in such waters to appear personally or by agent before the Collector at any time and place therein mentioned (such time not being earlier than thirty days after the date of publication of notice), and to state the nature of the respective interests in the water in respect of which permission is sought and objections, if any. The Collector may in any case, require such statements to be made in writing and signed by the party or his agent.(4)On the day so fixed, or on any other day to which the inquiry may be adjourned, the Collector shall enquire into the respective interests of the persons who appear before him and the objections made to the grant of permission, it any.(5)After completing such inquiry, the Collector shall forward to the State Government the application together with the papers of the inquiry and his report. The State Government may, thereupon, either retuse the application or grant the necessary permission in the prescribed form subject to such conditions, as it may deem fit, including the condition, where necessary, regarding payment to the person who in the opinion of the State Government is entitled to it, for the water likely to be appropriated by the permanent holder at a rate not exceeding the rate which the permanent holder would have been required to pay if the same quantity of water had in similar circumstances been given to the permanent holder from any canal maintained by Government.(6)The decision of the State Government, granting or refusing such application or imposing conditions including the condition regarding the rate at which payment for water likely to be appropriated by the permanent holder is to be made shall be final and conclusive.(7)Where the State Government decides to impose a condition regarding payment for the water likely to be appropriated by the permanent holder, the payment of the amount fixed under such condition to the person declared by the State Government to be entitled to it shall be a full discharge of the State Government and the permanent holder from all liability in respect of such payment, but shall not prejudice any rights in respect of the right to receive such payment to which any other person may be entitled by due process of law to enforce against the person to whom payment is made as aforesaid.(8)Any sum payable under any condition attached to the permission under this section which remains unpaid on the day following the date fixed in that behalf shall be recoverable as arrears of land revenue.(9)No claim for compensation shall lie against the Government in respect of anything done by the State Government under this section and no claim for compensation shall lie against the permanent holder in respect of any action taken in accordance with the permission received by him except as provided in sub-section (5) of Section 90.
