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State of Bihar - Section

Section 36D in Bihar Private Irrigation Works Act, 1922

36D. [ Compensation for consequential damage. [Renumbered by Act 37 of 1950.]

(1)Whenever any land other than land acquired under the Land Acquisition Act, 1894, (1 of 1894), or any right of fishery, right of drainage, right to the use of water or other right to property, is injuriously affected by any act done or any work executed under this Act, the person in whom such land or right is vested may prefer claim by petition to the Collector for compensation:Provided that no person shall be entitled to claim compensation -
(a)for any damage sustained by him which, if caused by a private person, would not render such person liable to a suit; or
(b)for any damage caused by -
(i)any stoppage or diminution of percolation or of floods,
(ii)any deterioration of climate or soil, or
(iii)any stoppage of navigation or of the means of rafting timber or watering cattle.
(2)No claim for compensation shall be entertained unless it is made within six months of the date when the act was done or the work executed by reason of which the land or right in respect of which compensation is claimed was injuriously affected.