Section 34 in The Maharashtra Irrigation Act, 1976
34. Schemes for compulsory construction of field channels.
(1)Where a Canal Officer especially authorised in this behalf by the Appropriate Authority (hereinafter referred to as the authorised Canal Officer) is of opinion that although water for irrigation is available in any area, but nevertheless lands capable of being irrigated there from, are not being irrigated, or are being prevented from being irrigated for any reason, and he is further of opinion that in the interest of the general public it is necessary so to do, he may prepare a draft scheme providing for the construction of field-channels for the supply of irrigation water to the best advantage in such area:Provided that, no scheme shall be prepared unless at least fifty-one percent of the holders or occupiers of the land or holders or occupiers of at least fifty-one percent of the land give a consent in writing to the preparation of such a scheme.(2)The draft scheme shall contain the following particulars, that is to say—(i)The area to which scheme applies;(ii)The proposed field-channels and the most suitable alignment thereof;(iii)the approximate area which is likely to be needed for the construction of the field-channel and appurtenant works, the land which it is necessary to occupy for the construction of the field-channel and the area mentioned in clause (i);(iv)the survey numbers and the area of each of the lands to be benefited by the field-channel ; and the names of the holders or occupiers thereof;(v)the canal from which water is to be carried to the field-channel;(vi)the period within which each holder or occupier of land in the area mentioned in clause (iv) may construct either jointly or severally a field-channel for carrying water from the canal to his land;(vii)the approximate cost of construction of the field-channel;(viii)the extent of the liability of each holder or occupier of land for the construction of the field-channel;(ix)such other particulars as may be prescribed.(3)The authorised Canal Officer shall publish the draft scheme in the Official Gazette, and shall also publish it in the manner prescribed in every village through which the field-channel is proposed to be taken together with a notice calling upon the holders or occupiers of the lands, and all persons affected by the scheme, to submit to him in writing their suggestions or objections within such period as may be specified in the notice.(4)As soon as may be after the expiry of the period specified in the notice, the authorised Canal Officer shall, after considering the suggestions and objections, if any, received under sub-section (3)—(a)sanction the draft scheme with or without modifications;(b)publish the sanctioned scheme (to be called the “final scheme”) by notification in the Official Gazette and in such other manner as may be prescribed; and(c)send a copy of the notification so published to the Appropriate Authority.
