142. Irrigation works serving partly an estate and partly Government land.
(1)If the irrigation work serves partly an estate and partly Government land, the repair as aforesaid shall invariably be executed by the District Collector, and after notice to the landholder giving him an opportunity to examine the stated cost of the repair and urge his objection thereto, if any, the charges incurred shall be divided between the State Government and the landholder in proportion to the extent of land belonging (to the Government) which is registered as entitled to irrigation from the work and the extent of land belonging to the landholder for which he is entitled free of separate charge to irrigation from the work. The portion due by the landholder shall be recoverable as an arrear of land revenue.(2)Nothing in sub-section (1) shall apply to irrigation works belonging to the Government which the Government (is) bound to maintain, and from which the landholder is entitled to a supply of water free of charge.(3)A landholder who is dissatisfied with an order of the District Collector under this section may sue in a Civil Court to have it set aside or modified on either of the following grounds: -(a)that he is under no obligation to repair the irrigation work concerned;(b)that the proportion of the charge which he is liable to pay under sub-section (1) has been wrongly calculated.If the order is set aside or modified, the Court shall direct the refund of any amount found to have been improperly levied.
