Section 90A(2) in Karnataka Land Revenue Act, 1964
(2)On receipt of the application, if the Tahsildar after making an inquiry and after giving to the neighbouring holder and all other persons interested in the 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 the water course, he may by order in writing direct the neighbouring holder to permit the applicant to construct the water course subject to the following conditions, namely:-(a)the water course shall be constructed through such land in such direction and manner as is agreed upon by the parties or failing such agreement, as directed by the Tahsildar so as to cause as little damage to the land through which it is constructed, as may be possible;(b)where the water course consists of pipes, the pipes shall be laid at a depth of not less than two feet from the surface of the land;(c)where the water course is a water channel, the channel shall not exceed five feet in width;(d)the applicant shall pay to the neighbouring holder,-(i)such compensation for any damage caused to such land by reason of the construction of the water course injuriously affecting such land; and(ii)such annual rent;as the Tahsildar may decide to be reasonable.(e)the applicant shall maintain the water course in a good condition and a fit state of repairs;(f)the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder;(g)such other conditions as may be prescribed or as the Tahsildar may think fit to impose.
