Section 20 in Gujarat Irrigation and Drainage Act, 2013
20. Compensation in cases of ascertainable substantial damage.
- Compensation may be awarded in respect of any substantial damage caused by the exercise of any of the powers conferred by or under this Act, which is capable of being ascertained and estimated at the time of awarding such compensation:Provided that no compensation shall be awarded in respect of any damage arising from -(a)deterioration of climate, or(b)stoppage of navigation, or the means of rafting timber or of watering cattle, or(c)stoppage or diminution of any supply of water in consequence of the exercise of the power conferred by section 4, if no use has been made of such supply within the five years prior to the date of issue of the notification under section 4, or(d)failure or stoppage of the water in a canal, when such failure or stoppage is due to-(i)any cause beyond the control of the State Government,(ii)the execution of any repairs, alterations or additions to the canal, or(iii)any measures considered necessary by any canal-officer for regulating the proper flow of water in the canal, or for maintaining the established course of irrigation;but any person who suffers loss from any stoppage or diminution of his water-supply due to any of the causes specified in clause (d) shall be entitled to such remission of the water-rate payable by him as may be authorised by the Government.
